Companies fined $100,000 over death of worker
Issue Date: - Friday, 7 December 2007
A Narrogin abattoir company and the labour hire company that services the abattoir were fined $60,000 and $40,000 respectively in the Perth Magistrates Court today after a worker was crushed to death by an auger.
Elderstone Nominees – trading as Hillside Abattoirs – and Smoothjob Pty Ltd were found guilty of failing to provide a working environment in which their employees were not exposed to hazards, and by that failure, causing the death of the worker.
Elderstone Nominees had earlier pleaded guilty to a separate charge of failing to guard another item of machinery, and was fined $5000 on that charge.
Costs totaling $14,500 were also awarded against the two companies, bringing the total penalty to $119,500.
The man who died was working at Hillside Abattoirs under a labour hire arrangement in May 2005.
On the day of the incident he was working in the Inedible Products Processing area of the abattoir, processing animal products conveyed through the area via large augers set into troughs.
At around 1.00pm, a worker in another area of the abattoir noticed that the augers were not working, and when he went to investigate he found that the man had become caught in the main auger. He died before the ambulance arrived.
WorkSafe WA Commissioner Nina Lyhne said today that this case should serve as a warning to all workplaces that guarding of moving parts of machinery is absolutely crucial.
“Guarding has been required by WA’s occupational safety and health laws for so long now that the message should have well and truly been accepted,” Ms Lyhne said.
“This case shows that the message isn’t getting through to everybody, and a man has lost his life because the employer failed to ensure the worker’s safety by guarding moving parts of the machine.
“Although the motor of the auger was guarded, neither of the auger screws had any mesh guards over them capable of preventing contact between body parts and the augers.
“The employer installed a fixed mesh guard over the augers the day after this incident, but that was obviously too late to prevent this tragic death.
“WorkSafe recently ran an awareness campaign – Come Home Safe – to raise awareness of the fact that everyone who goes out to work should be able to come home from work again safe and healthy.
“The man involved in this incident was denied this basic right and did not return home to his family or friends in May 2005.
“The sad reality is that this tragedy need not have occurred – it was easily preventable with the implementation of some quite simple measures that the employer put into place after this man lost his life.
“Two companies were prosecuted in this case, a timely reminder that both labour hire companies and companies to which labour is hired have a duty of care to ensure that employees are not exposed to hazards at the workplace.”
Further information on machinery guarding and duty of care responsibilities can be obtained by telephoning WorkSafe on 9327 8777 or on the website at www.worksafe.wa.gov.au.