MJ Dijamco Enterprises Pty Ltd and Cummaudo Trading Pty Ltd were both sentenced in the Korumburra Magistrates' Court on Wednesday 10 December for offences under the Occupational Health and Safety Act.
MJ Dijamco was convicted and fined $40,000 after being found guilty ex-parte of a single charge of failing to provide safe systems of work, while Cummaudo was fined $25,000 without conviction after pleading guilty to one charge of failing to provide and maintain safe plant and one charge of failing to provide adequate information, instruction and training.
Both companies were also ordered to pay costs of $5,641.
In June 2023, labour hire provider MJ Dijamco sent a worker to host employer Cummaudo's farm, where she was tasked with removing onion stems using an onion grader machine.
The court heard that during her first shift at the farm, the worker approached the upper section of the onion grader to dislodge two onions, believing her coworker had shut down the machine.
As she reached inside, the worker's hand became entangled in the machine's rotating rollers. Hearing her screams, the coworker pressed the emergency stop button.
The worker was transported to hospital where she had multiple fingers on her right hand amputated.
A WorkSafe investigation found that there was no guarding around the machine's rotating rollers and sizing belt, and that neither company had provided the worker with an induction or training in how to operate the machine, nor any information about its danger points.
Cummaudo accepted it was reasonably practicable to have installed a fixed cage and isolation switches, preventing access to the rollers and sizing belt while the machine was operating, and to have provided the worker with information, instruction and training on the machine and its danger points.
The court found it was reasonably practicable for MJ Dijamco to have reduced the risk of entanglement by having a system that ensured the host workplace had provided labour hire workers with such information, instruction and training by requesting records.
WorkSafe Acting Chief Health and Safety Officer Barb Hill said labour hire arrangements created shared responsibilities, with both the provider and the host owing the worker a safe working environment.
"When it comes to machinery, proper training and appropriate guarding are fundamental safety measures every employer must have in place," she said. "As we've seen far too many times, neglecting such measures can have gruesome, life-altering consequences."
"Labour hire providers can't simply send their workers to a job and assume safety will be wholly managed by someone else - they must actively confirm that their workers are trained and risks are appropriately controlled."
To manage risks when working with machinery employers should:
- Identify hazards, assess the risks associated with them and eliminate or control those risks by isolating plant from persons, using engineering controls and/or providing substitute plant with lower risk levels.
- Train staff in the safe operation of machines and equipment and provide written procedures in the worker's first language.
- Develop and implement safe operating procedures in consultation with employees and health and safety representatives (HSRs).
- Ensure safety guards and gates are compliant and fixed to machines at all times.
- Regularly service and inspect machines and equipment.
- Place signs on or near a machine to alert employees to the dangers of operating it.
Employer occupational health and safety responsibilities for labour hire and contractors include:
- Ensuring labour hire and contract workers understand the OHS requirements of the workplace by going through an induction.
- Advising labour hire and contract workers on how to report hazards or incidents relating to health and safety.
- Identifying hazards and controlling any risks that arise from work.
- Ensuring the worker has the right skills and knowledge to perform work safely.
- Providing proper training, instruction, information and supervision.
- Providing the necessary equipment to work safely, such as personal protective equipment.
- Consulting with employees and HSRs about health and safety risks.
