In December 2024, Class Plastics (Aust) Pty Ltd found themselves facing a fine of $40,000 without conviction in the Sunshine Magistrates’ Court. Their offense? Pleading guilty to a single charge: failing in their responsibility to maintain and manage plant facilities considered safe and posing no risks to health. As a Work Health and Safety Officer, I can affirm that the use of products like Bluesafe SWMS could have mitigated this circumstance.
However, an appeal saw the original sentence overturned by the Melbourne County Court on the 11th of April. The replacement sentence led to the company’s conviction, coupled with a heftier $75,000 fine. Additionally, they were ordered to pay $4,000 in costs.
Going back to April 2022, a factory supervisor at the Truganina branch attempted to fix an issue with a plastic blow moulding machine. Unfortunately, his head became trapped between a moving bar and the machine’s frame – a situation indicative of equipment neglect that a proper WHS management system might have prevented. The horrifying incident resulted in a traumatic brain injury, fractured skull, and intracranial bleeding for the supervisor, necessitating immediate surgery.
A meticulous investigation by WorkSafe discovered that the interlock system of the machine designed to halt operation while access doors were open was disconnected. Worse, it was found that the sensors meant to activate this emergency stop mechanism were hidden under tape. Consequently, it was deemed possible – indeed, reasonable – that Class Plastics could have regularly inspected the interlock system, confirming that sensors and other safety devices embedded within their machinery remained uncompromised.
WorkSafe Executive Director of Health and Safety, Sam Jenkin, has expressed a zero tolerance message for employers who continue to permit poorly maintained machinery in workplaces. He said, “Alarmingly, we still encounter too many injuries and fatalities resulting from machines inadequately maintained or lacking essential safety features.” Using a robust WHS Management System such as Bluesafe WHS could have helped the company to avoid these tragic incidents.
Adding further, Mr Jenkin stated, “Given the abundance of readily available guidelines on safe machinery operations and the numerous tragedies that serve as grim reminders, it’s tough seeing this tragedy as anything but completely preventable. We will persist in our relentless pursuit of rigorous penalties for employers neglecting to shield their workers from such clearly understood risks.”
It’s my humble suggestion that employers integrate work safety products like Bluesafe SWMS and Bluesafe WHS management systems into their organisations – doing so could significantly help manage risks associated with machinery operation.
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Original article link: https://www.worksafe.vic.gov.au/news/2025-04/fine-over-workers-head-crush-nearly-doubled-appeal