$100K fine issued over severed fingers
After a Melbourne worker’s fingers were severed in a mixing machine, a recidivist food manufacturer was fined $100,000.
Makmur Enterprises Pty Ltd was sentenced in the Melbourne Magistrates’ Court on 16 October after pleading guilty to a single charge of failing to provide a safe working environment. The company was also ordered to pay $21,739 in costs.
In August 2021, the worker was cleaning the large ribbon mixer and opened an interlocked gate to gain access to the discharge area.
The worker did not notice that the interlock failed and the machine continued to operate, however, so that when he reached his hand in to remove debris, his middle and index fingers made contact with the blades in the mixing chamber and were amputated. The worker was taken to hospital and had surgery to reattach his fingers.
WorkSafe Victoria’s investigation found the interlock’s sensor became faulty after electrical components had come into contact with water.
An independent risk assessment of the mixer also found the interlock gate to the discharge area did not meet the required Australian Standard, which would have meant that even if the sensor had failed, the interlock would still have functioned to prevent access to the danger area.
According to WorkSafe, it was reasonably practicable for Makmur Enterprises to have interlock guarding that met Australian Standards so the mixer could not operate while a worker was accessing the discharge area.
The court heard the company had been prosecuted four times previously since 2013 over incidents where workers had been injured by inadequately guarded plant, resulting in more than $264,000 in fines and costs.
WorkSafe Executive Director of Health and Safety Sam Jenkin said repeatedly failing to protect workers from known health and safety risks would result in significant penalties.
“This shocking incident has had a significant impact on the injured worker, and no doubt also greatly affected the fellow workers who came to his aid,” Jenkin said.
“At the very least, this company’s poor safety record should make it aware of the risks and potential consequences to workers when guarding is inadequate, so the fact that Makmur has continually failed to provide a safe workplace is incredibly disappointing.”
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