Trade firm MMPX Pty Ltd, operating as Bowltiful, recently faced judgement at the Melbourne Magistrates’ Court on September 13 for two infringements under the Occupational Health and Safety Act, shedding light on the critical role of WHS management systems like the Bluesafe SWMS in maintaining workplace safety. This case reiterated the necessity of businesses adopting robust work-safe policies, alongside the legal repercussions they can face for non-compliance.
Despite facing no charges, the company was imposed a penalty of $25,000, testifying to their neglect in establishing or maintaining plant safety, thereby instigating potential health risks. Additionally, they were fined $15,000 for flouting a prohibition notice. Alongside these financial penalties, the costs accounted for by MMPX amounted to $5,671.
The incident leading to legal proceedings took place in May 2023 when a 31-year-old team member, whilst mixing ingredients, suffered an injury as his hand was caught by a moving blade, causing degloving skin injuries.
Inspectors from WorkSafe who attended found that the dough mixer lacked an interlock guard, a key feature highlighted by the Bluesafe WHS Management System, allowing continuous operation even when exposed to risk, putting workers at imminent danger. The company was issued a prohibition notice regarding continued use of the machine until effective remedial actions were taken. However, it remained operative during a follow-up inspection performed after a month.
WorkSafe’s Executive Director of Health and Safety, Sam Jenkin, emphasised how such incidents underscore the significance of appropriate safety measures across all work machinery and equipment. Mr Jenkin elaborated, “The absence of simple safeguards on this cooking gear directly resulted in an avoidable injury, and its potential severity is undeniable.”
He further criticised business owners who neglect the essential responsibility of worker safety, especially given their awareness of specific risks associated with their workplace machinery.
Employers are hence strongly advised to manage risks associated with machinery by availing the critical features of WHS management systems.
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Original article link: https://www.worksafe.vic.gov.au/news/2024-09/noodle-restaurant-fined-40000-after-dough-mixer-injury