by Cam Lucadou-Wells
A Dandenong South insulated-panel manufacturer has been fined $40,000 after a labour-hire worker severed his finger at the factory.
Askin Pty Ltd pleaded guilty at Dandenong Magistrates’ Court to workplace-safety charges such as failing to provide a safe system of work.
The employee had been injured while trying to unblock a vent on an assembly plant’s extactor system on 17 May 2022.
According to WorkSafe, the worker left the control switch in the ‘on’ position, and used a plastic pipe to push an exposed clump of wool back into the vent.
The pipe contacted a rotary valve, which dragged the man’s hand into the valve’s blades.
His middle finger was amputated to the first knuckle, with degloving up to the middle knuckle, the prosecutor submitted to Dandenong Magistrates’ Court.
Despite surgery, the tip of his finger couldn’t be reattached. He was said to still suffer phantom-pains in the finger.
WorkSafe argued that the machine should have had guarding, which had been inexplicably removed.
It also submitted that the worker from labour-hire firm Dekro Recruitment was not formally trained in unblocking the extractor system.
In the hearing on 4 September, a defence lawyer argued that Askin transported the injured man to hospital due to ambulance delays.
The man had since been re-employed full-time at Askin, under a return-to-work plan.
In sentencing on 4 September, magistrate Hugh Radford noted that Askin, which has been operating since the 1960s, had no prior convictions. It had also pleaded guilty at the earliest opportunity.
It had since hired a third-party to assess its workplace safety, and installed guarding and power cut-off switches to stop workers unblocking the machine while it’s running.
“It’s clear that they are indeed an employer that takes its obligations toward workplace safety extremely seriously.
“This is not an instance of a cowboy employer who is an outlier.”
In May, Dekro Recruitment had been fined $25,000 without conviction for failing to provide proper instructions or training for the victim.
It was argued that Askin had greater responsibility, given it controlled the workplace, including worker training, the system of work and machine maintenance.
On top of the fine, Askin was also ordered to pay costs of $4350 but was spared conviction.
