Hay Australia Victoria Pty Ltd (HAV) was fined $400,000 this week following the death of 29-year-old Harley Muir, who became entangled while working on a multi-baler machine at their Bridgewater factory, near Bendigo.
In February 2021, Mr Muir was working on the main line of a large piece of machinery at the factory known as a multi-baler. Minutes before the incident and his injuries, Mr Muir spoke with a colleague about his concerns over how the multi-baler was functioning. Mr Muir stepped on a guard rail to look into the multi-baler before the strapping arch of the machine moved and crushed between moving and stationary components of the machine. He suffered serious head and chest injuries and died at the scene.
During the trial against HAV that ran over several weeks in November and December 2024 the defence attempted to argue that Mr Muir's actions and injuries were self-inflicted – an argument that was rejected by the jury. At sentencing Judge Claire Quin agreed with the jury that the 29-year-old father, brother and son was acting in the course of his work.
WorkSafe's investigation found there was a risk of serious injury or death from having body parts crushed between the machine's strapping arch and cutter box and that it was reasonably practicable for HAV to have eliminated or reduced the risk by installing a light curtain on the main line to prevent access to this danger area.
WorkSafe Executive Director of Health and Safety Sam Jenkin said, "failing to properly guard every danger point on large and complicated machinery, including those outside the usual working area, is a recipe for disaster."
"This young man's life was tragically cut short due to the employer's failure and my heart goes out to the family, friends and colleagues left to endure such a devastating loss."
Mr Jenkin said “there was no excuse for employers who failed to protect workers from the risks of unguarded machinery.
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