The Elastomers operate a rubber manufacturing company in Dandenong South where two production lines process raw materials into rubber compounds.
On the day of the incident two workers were operating a production line guarded by a light curtain. One of the workers entered a danger zone to clear a jam when the other operator restarted the line, unaware of the situation, causing a mechanised panel to strike the first employee in the head. There was no line of sight between one of two control panels and the area in question.
Paramedics attended and attempted to treat the injured worker who had suffered a major open skull fracture to both the left and right sides of his head. He had lost two litres of blood, was in cardiac arrest, and unfortunately died at the scene.
The company pleaded guilty to a single charge under sections 21(1) and (2)(a) of our OHS Act for failing to ensure machinery was safe and without risks to health.
In sentencing the judge emphasised employers have duty to proactively ensure safety, noting that waiting for incidents to occur is unacceptable. Despite a guilty plea, the company was fined $450,000, reflecting the serious nature of the offence.
The court considered the impact on the victim's family in determining the sentence. Were it not for the company’s guilty plea, the fine would have been higher.