Severed fingers lands repeat offender $100,000 fine

On Wednesday 16th October, Makmur Enterprises Pty Ltd was tried and convicted in the Melbourne Magistrates’ Court. The company pleaded guilty to a lone charge – failure to guarantee a safe work zone. Subsequently, they were slapped with a $21,739 fine covering legal costs.

In an incident that occurred in August 2021, a staff member was tasked with cleaning a sizeable ribbon mixer machine. He accessed its discharge area by opening a gate fitted with an interlocking safety feature (interlock). Unbeknownst to him, the interlock was malfunctioning, allowing the machine to persist in operation despite the open gate. During the cleaning activity, the worker’s middle and index fingers clashed with the rotating blades of the mixer, resulting in their amputation. He was rushed to a hospital where he underwent surgery for the reattachment of his fingers.

WorkSafe’s detailed investigation shed light on the unfortunate event. They discovered that exposure to water had damaged the interlocking sensor’s electrical components, causing it to malfunction. Furthermore, an independent risk appraisal revealed that the interlocking gate of the mixer’s discharge region did not fulfil the stipulated Australian Standard. This shortcoming meant that functional interlocking would still deter access to dangerous areas in instances of sensor failure.

Given these standards, the court noted it would have been reasonably practicable for Makmur Enterprises to implement interlocking security systems that align with Australian Standards. This could prohibit the type of accident that took place: ensuring that the mixer remains out of operation as long as a worker is present within the discharge area.

Regrettably, this was not the first incident of negligence from the company. Since 2013, Makmur has faced legal prosecution four times over accidents caused by poorly guarded equipment. These incidents concluded with more than $264,000 poured out in fines and reparations.

WorkSafe’s Executive Director of Health and Safety, Sam Jenkin, voiced his frustration over the company’s ongoing failure to safeguard their workers from recognized health and safety hazards. “This shocking incident has had a profound impact on the injured worker and undeniably affected his colleagues who rushed to his aid”, he lamented.

Mr. Jenkin stated that with Makmur’s track record, the dangers and potential repercussions of inadequate equipment guarding should be apparent. However, the fact that Makmur continues to fail in providing a safe workplace is incredibly disappointing.

For safer cleaning of plant and equipment, WHS management systems such as Bluesafe SWMS and Bluesafe WHS Management System could be greatly beneficial. These work safety products help ensure adherence to Australian Standards, hence reducing the risks of accidents in the workplace.

Reach out for further enquiries:
Email: media @ worksafe.vic.gov.au
Phone: 0438 786 968
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Original article link: https://www.worksafe.vic.gov.au/news/2024-10/severed-fingers-lands-repeat-offender-100000-fine

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