WorkSafe has charged a frozen food manufacturer after a worker’s finger was lacerated in a dough mixing machine at a Richmond factory in October 2024. Makmur Enterprises Pty Ltd faces two charges under section 21(1) of the Occupational Health and Safety Act of failing to provide or maintain a safe working environment.
Makmur is a notorious OHS offender with a long history of seriously injuring workers through their disregard for machinery guarding requirements. This incident marks the sixth time the employer has been prosecuted over inadequately guarded plant.
WorkSafe alleges the company breached section 21(2)(a) of the OHS Act by failing to provide or maintain safe plant, and regulation 99(3)(b) of the Occupational Health and Safety Regulations by failing to ensure the use of an interlocking guard that only allowed access to the machine’s danger area when it was not operating.
In 2021 SafetyNet reported that Makmur was fined $90,000 with conviction after a labour hire worker’s hand was caught in an unguarded vegetable dicer in 2018. The worker was holding a plastic cover to a vegetable dicer's outlet chute when his left hand was sucked into the machine and became caught between the crosscut knives and the back of the chute. It took the Metropolitan Fire Brigade more than two hours to free the worker's hand, which was seriously injured.
WorkSafe Victoria alleged workers operating the dicer were at risk of serious injury because it was possible for parts of their body to access the crosscut knives while the dicer was operating, and that it was reasonably practicable for Makmur to eliminate or reduce the risk by installing interlocked guarding over the chute.
Makmur should also have provided workers with information, instruction and training on how to perform their work safely, including: information on the hazards associated with the dicer; a documented safe operating procedure; and training to ensure the instructions were clearly understood including by workers who spoke English as a second language, the Court heard.
In 2024 SafetyNet reported again on Makmur when they were sentenced to a $120,000 fine after a worker’s left index and middle fingers were severed in a ribbon mixer in 2021. The worker was required to clean the mixer at the end of each day, which involved accessing several hazardous areas via access gates that were fitted with interlocks to stop the machine running when an access gate was opened. One of the hazardous areas was the discharge area, a mixing chamber containing blades mounted on motor driven shafts.
Machine guarding is well-known, low-cost control to protect workers from the risks of equipment danger points. Part 3.5 of the Occupational Health and Safety Regulations 2017 and the accompanying Compliance Code: Plant provides guidance to employers on risk assessment and controls for plant, including guarding.
You can find information to assist in managing plant hazards on our Machine Guarding - OHS Reps page, as well as comprehensive guidance in WorkSafe’s collection of plant safety materials:
- Plant Safety - the basics
- Machinery and equipment safety – an introduction: A handbook for workplaces
- Plant Hazard Checklist
- Plant health and safety guide
Every worker has the right to return home from work safe and well. Clearly the penalties imposed on Makmur to date are effecting no change on their safety behaviour or their respect for the health and safety of their employees. Early next year we will learn how the regulator and the courts respond to this sixth round of charges against Makmur.
Read more: Dim sim maker charged after finger lacerated in machine | WorkSafe Victoria