Eco Timber Group (Australia) Pty Ltd has been sentenced to a fine of $17,500 for their breach of s.21 of the OHS Act after their failure to guard a dangerous piece of plant resulted in a serious injury.
Eco Timber Group has been a sustainable timber supplier for more than 25 years and operates a mill in Maddingley, near Bacchus Marsh.
In January 2024, a 47 year old Eco Timber Group employee was completing the pre-start checks of an extraction system that sucks sawdust from one of the production areas to a hopper. Movement of sawdust inside the extraction system is driven by an auger that moves the sawdust along slowly.
The extraction system contained an inspection chute, which was used by employees to see if there was a blockage. The chute was fitted with a sliding cover that could be opened while the extraction system was operating, allowing a person to access to the auger within. The rotating auger created a risk of employees being crushed or cut if the sliding cover was opened while the extraction system was operating to physically access the inspection chute.
On the day of the incident, the unit and compressor were both turned on but the extraction fan was not running, as another employee was replacing a pipe. The injured employee slid open the inspection plate of the hatch, observed some sawdust sitting at the bottom of the chute and went to flick it out of the way. His fingers were caught and severed by the auger. The injured person required surgery but returned to light duties a week later and normal duties two months later.
Although instructions given to the employees detailed how to use the pipe and inspection chute, it did not consider that a person may place their hand in the chute. It was reasonably practicable for Eco Timber Group to have eliminated the risk by permanently closing the chute, for example by welding the hatch cover shut.
WorkSafe publishes free guidance for employers on managing the risks associated with workplace plant and guarding. The Compliance Code: Plant covers the duties of plant designers and employers to ensure that when guards are used to control risks associated with plant, the guards must prevent access to the danger area of the plant and must be difficult to bypass or disable, whether deliberately or by accident.
You can also learn more about guarding on workplace plant at our OHS Reps Machine Guarding page.
In February 2025 the Sentencing Advisory Council released a report to the Victorian Government making 12 recommendations for reform regarding the sentencing of OHS offences in Victoria. This included significantly increasing maximum penalties for breaching OHS duties in line with community expectations. The Victorian Government is yet to provide a response to this report.
Read more: Prosecution Result Summaries and Enforceable Undertakings | WorkSafe Victoria