Company To Invest $293,000 After Worker's Leg Crushed

On Tuesday 23 July, the Werribee Magistrates' Court heard Newcold Melbourne No.2 Pty Ltd had entered into an Enforceable Undertaking while facing charges of failing to provide and maintain safe plant, failing to provide a safe system of work, and failing to provide necessary information, instruction, training and supervision.

WorkSafe may reinstate the charges if the undertaking is contravened or withdrawn.

In September 2021, a worker was trying to move a pallet that was obstructing a pedestrian crossover point on the automated conveyor belt at the company's warehouse in Truganina.

The pallet knocked the worker when the conveyor belt suddenly started moving, causing his foot to slip and become trapped in an opening between two rollers. The worker fell backwards and the pallet rolled over his leg, crushing it.

WorkSafe alleged it was reasonably practicable for the company to install a system that allowed workers to stop the conveyor belt at pedestrian crossover points, including warnings and visual alarms, or to provide a safe system for crossing over the conveyor, including isolating the plant and confirming that the belt had stopped moving before crossing.

It was also necessary for the company to provide employees with information, instruction and training about the risks of crossing a conveyor belt and how to do so safely, including if a crossover point was blocked, as well as supervision to ensure employees isolate the conveyor before accessing.

The estimated $293,012 undertaking requires the company to:

  • Install security access gates at cross-over points to limit access to workers who have been trained in the crossover requirements.
  • Engage an occupational physician to complete a study on the impacts of working in low oxygen environments, with recommendations to minimise the physical and psychological effects of working in hypoxic conditions.
  • Donate $30,000 to the OHS Body of Knowledge to deliver benefits to the industry and community.

WorkSafe Executive Director Health and Safety Sam Jenkin reminded duty holders of their obligation to do all they can to keep workers safe when working with or near machinery.

"Working around machinery is often high risk and it's critical that duty holders not only ensure that plant and systems for using it are safe, but that all workers have the training, instruction and supervision needed to reduce these risks," Mr Jenkin said.

"This company's investment in knowledge for the broader cold chain logistics industry and to further its own safety systems and processes will provide tangible benefits that could help prevent similar incidents in the future."

To manage risks when working with machinery employers should:

  • Identify hazards, assess the risks associated with them and eliminate or control those risks by isolating them or using an alternative.
  • Train staff in the safe operation of machines and equipment and provide written procedures in the worker's first language.
  • Develop and implement safe operating procedures in consultation with employees and health and safety representatives.
  • Ensure safety guards and gates are compliant and fixed to machines at all times.
  • Regularly service and inspect machines and equipment.
  • Place signs on or near a machine to alert employees of the dangers of operating it.
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