Avoid hefty OHS penalties by ensuring your plant is safe and without risks to health

There was a recent prosecution in Victoria relating to a rubber supplier (The Elastomers Pty Ltd) who were fined $450,000 as a worker was killed in May 2021 when a blockage on the rubber production line was being attended to.
 
In short, there were two production lines at the manufacturing facility used to manufacture different rubber compounds and one of the production line machines, which was was often operated by two workers who collected the finished rubber products in large containers on the ground level.
 
The production line was facilitated by a mechanical panel known as the ‘Wig Wag’. The Wig Wag was enclosed by metal barriers on three sides with the fourth side remaining open so workers could access it to untangle any blockages and load full containers onto the scissor lift. The Wig Wag also had a motion senser safety device in the form of a light curtain which was able to detect any interruption to the light curtain and automatically switch-off the second production machine.
 
The issue was that the production line had dual-operator capabilities which meant that an operator on the second level could override the safety stop and restart the machine while the other operator was still near the Wig Wag despite there being no line of sight between the two levels.  Another worker stationed on the second level of Line 2 restarted the machine, unaware that the other worker was near the Wig Wag. The worker on the ground floor was struck and killed by the Wig Wag.
 
Although there had been no prior incidents or near misses at the company, in sentencing the Judge found that the company was highly culpable given it had failed to provide workers with the highest level of protection when accessing plant, especially considering the workers could override the Wig Wag safety device. The Judge said that the incident was entirely foreseeable; the risk of serious injury was very likely in the circumstances; and the gravity of the offending was mid-range.
 
In short, the company plead guilty for breaching section 21 of the Occupational Health and Safety Act 2004 (Vic) for its failure to provide plant that was, so far as reasonably practicable, safe and without risks to health. The company was fined $620,000 but by pleading guilty to the charge, the fine was reduced to $450,000.