On July 11, 2022, a serious workplace incident occurred at a steel manufacturing facility in Pakenham, involving a labour hire worker operating a John Heine Press. This press, used for cutting and crimping steel pipes, posed significant hazards due to its operation, where the top platen exerts a force of 25 tonnes.
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The injured employee, who had been employed through a labour hire agreement for three years, was engaged in a task that required him to position two pieces of steel within the danger zone of the press, one from each side. The employee used one hand to hold the pieces of steel together before activating the machine, resulting in severe injuries: a partial amputation of the right ring finger, a fracture of the right little finger, and a soft tissue injury to the right middle finger.
The court found that the front sliding guard on the press was not interlocked, and the absence of sufficient guarding allowed access to the danger zone, creating a preventable risk and that the manufacturing company failed to:
- provide and maintain plant, that was so far as reasonably practicable, safe and without risk to health, due to the front sliding guard not being interlocked and inadequate guarding to prevent access to the danger zone; and
- provide information, instruction, or training including but not limited to a task specific operating procedure including pre-operational safety checks and cleaning up and potential hazards and injuries, the hazards associated with the plant, the safe operation of the press and safety procedures, the correct use of guarding and other risk controls and shut down and isolation procedures.
Initially fined $12,500 without conviction, the penalty was increased to $25,000 following an appeal by the Director of Public Prosecutions. The court noted the offender’s good corporate citizenship and responsive history regarding safety compliance but emphasized the need for general deterrence in safety regulations.
Read more: Prosecution Result Summaries and Enforceable Undertakings | WorkSafe Victoria
