Serious incident at fruit packing facility – Failure to provide a safe working environment

Incident Overview

On 9 March 2023, a serious incident occurred at a fruit packing facility. A young grader operator suffered a severe degloving injury after reaching into a pressure washer to clear a blockage while the machine was still running. The worker’s sleeve became entangled in a motorised chain and sprocket, and due to the inaccessibility of the emergency stop control, she was unable to stop the machine herself. She was eventually rescued by another worker and required multiple surgeries and a skin graft. Despite the severity of the injury, she has since returned to work.

Legal Proceedings

SafeWork SA prosecuted the company for breaching Section 32 of the Work Health and Safety Act 2012 (SA) and Regulation 211(2) of the Work Health and Safety Regulations 2012. The South Australian Employment Tribunal found the company failed in its duty to provide a safe working environment, particularly regarding machinery guarding and emergency stop access.

Ultimately the South Australian Employment Tribunal (Deputy President Lieschke) recorded a conviction against the business and imposed a $120,000 fine for the first charge and a $9,000 fine for the second charge. He also ordered they pay Victims of Crime Levies of $424 and $262 and a contribution of $1,210 towards SafeWork SA’s legal costs.

Safety Failures

Investigations revealed systemic safety failings:

• Inadequate guarding on the pressure washer, exposing workers to moving parts.
• An emergency stop (pull cord) existed but was not accessible during the incident.
• SafeWork SA issued 38 improvement notices post-incident, including 18 specifically related to machinery guarding.

These failures suggested a broader lapse in the company’s overall safety culture and systems.

Post-Incident Actions

Following the incident, the company spent over $12,000 on immediate machinery repairs and, by October 2023, invested more than $250,000 on wider workplace safety upgrades. All statutory notices were complied with by the end of that year. However, these were reactive measures implemented after a preventable incident.

Key Takeaways for businesses 

The following are some key take-aways and considerations for businesses to consider:

• Machine Guarding: All machinery must be properly guarded to prevent entanglement.
• Emergency Stop Controls: These must be not only present but easily accessible.
• Risk Management: Employers must identify and mitigate foreseeable hazards in advance.
• Safety Culture: The number of notices issued suggests the need for systemic safety improvements.
• Legal and Financial Risks: Failure to comply with WHS laws can lead to serious legal and financial consequences.
• Human Impact: The incident had significant emotional and physical consequences for the worker and her family.

This incident highlights the critical importance of proactive workplace safety practices. Employers must prioritise compliance, risk management, and a strong safety culture to prevent harm and uphold their legal duties.