A Richmond frozen food manufacturer with whom regular SafetyNet readers will be well familiar has been sentenced to a fine of $180,000 with conviction after another employee sustained serious injuries from unguarded equipment. Makmur Enterprises Pty Ltd pleaded guilty to failing to provide a safe working environment by failing to provide safe plant with an interlocking guard.
In October 2024, a Makmur worker was operating a dough-mixing machine when the worker's finger was crushed between a metal scraper and another part of the machine, causing a laceration that required hospital treatment.
Although Makmur had installed a metal grill to reduce access to the rotating agitator blades, there were still large gaps that allowed a person to reach their hand or arm behind the grill into the danger area. It was reasonably practicable for Makmur to have used a combination of fixed and openable guarding connected to an interlock to prevent access to the danger area while the machine was operating.
Makmur has had five previous prosecutions between 2014 and 2024 for breaches of s.21 of the OHS Act after workers have suffered upper limb injuries in the ordinary course of the use of food preparation machines because of deficient physical plant guarding. WorkSafe has free and accessible guidance on how to properly guard machinery and also offer free, independent safety consultations to help manufacturing employers meet their obligations under the OHS Act.
Each of the incidents leading to those five prosecutions have resulted in serious injuries to the workers, including degloving, laceration, crush injuries and amputations – injuries that have a life-changing impact on the workers.
Those five prosecutions have resulted in fines of $50,000 in 2014, $90,000 in 2021, $60,000 and $45,000 in 2023, and $100,000 in 2024. Despite a general increase in the penalties imposed by the courts for each offence, the penalties have not resulted in improved safety behaviour from the employer as evidenced by the harm caused by the sixth incident.
The maximum applicable penalty for a breach of s.21 of the OHS Act at the time of this latest incident was $1.7 million.
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: $180,000 fine for recidivist food manufacturer | WorkSafe Victoria