Court increases fine over safety breach
In December 2024, Class Plastics (Aust) Pty Ltd, a plastic manufacturing company in Truganina, was issued a fine of $40,000 by the Sunshine Magistrates’ Court for failing to maintain a safe working environment. The court ruled in favor of the prosecution as the company pleaded guilty to the charge.
Advertisement
After an appeal, the Melbourne County Court overturned the original sentence on Friday, April 11. This time, the company was found guilty and faced a higher fine of $75,000. In addition, they were also required to pay $4,000 in costs.
The incident in question occurred in April 2022, at the company’s Truganina factory. A supervisor was attempting to rectify an issue with a plastic blow moulding machine when his head got caught between a moving bar and the machine’s frame. As a result, he suffered a serious brain injury, skull fracture, and intracranial bleeding that required immediate surgery.
A subsequent investigation by WorkSafe, Australia’s occupational health and safety agency, revealed that the machine’s interlock system was disconnected and the safety sensors were covered with tape. This system should have stopped the machine from operating when the access doors were open. It was found that the company had failed to conduct regular inspections of the interlock system and ensure that all safety devices were functioning properly.
Speaking about the incident, WorkSafe Executive Director of Health and Safety, Sam Jenkin, expressed concern and stated, “There will be absolutely no tolerance for employers who allow unsafe machinery to operate in the workplace.” He further emphasized the importance of proper maintenance and appropriate safety features in machinery to avoid injuries and fatalities.
Jenkin also pointed out that there is extensive guidance available for safe operation of machinery and that the incident at Class Plastics could have been prevented if proper measures were taken by the company. “It’s hard to see this incident as anything but completely preventable,” he added. “We will continue to pursue the toughest penalties for employers who fail to protect workers from such widely understood risks.”
To manage risks when working with machinery, employers are advised to identify hazards, assess associated risks, and eliminate or control them through isolating them or using alternatives. They should also provide proper training to their staff in safe operation, especially in their first language, and develop and implement safe operating procedures.
