Dekro Recruitment Pty Ltd, a labour hire provider, was engaged by Askin (Vic) Pty Ltd to supply a factory worker from February to May 2022. Initially tasked with packing, the worker was later assigned to also change bags on an extraction system every 1-2 hours.
On May 17, 2022, while changing a bag, the worker used a plastic pipe to clear a blockage. The pipe became snared by the rotary valve, pulling his hand into the blades and amputating the middle finger on his right hand at the first knuckle, with degloving up to the middle knuckle.
The worker was injured due to an unsafe system of work employed while changing extractor bags. Dekro failed to conduct the necessary risk assessment or provide the information, instruction, training, and supervision necessary to perform the task safely.
The court emphasized that labour hire companies have a heightened duty to ensure worker safety since they do not control the worksites directly.
Dekro Recruitment pleaded guilty early, and the court imposed a $25,000 fine without a conviction, highlighting the need for general deterrence and acknowledging the offender's subsequent improvements in safety practices.