Baker’s fingers amputated – employer cops $40,000 penalty

A bakery south-west of Melbourne was fined $40,000 for breaching the 2004 OHS Act after a worker's fingertips were amputated by a machine filling pastries with custard. The business pleaded guilty in the Melbourne Magistrates’ Court for failing to provide and maintain safe plant and failing to provide appropriate information, instruction, training and supervision.

On 2 December 2015, the worker was operating a machine used to fill pastries with custard. The court heard that one of the worker’s tasks was to manually refill the machine because the filler pump was broken. The court was told that the company was aware the machine had been malfunctioning all day and decided to keep it in operation.

After noticing that the custard was not dispensing equally into the pastry casings, the worker reached into the machine to clear a blockage. His hand became stuck and the tips of three of his fingers were amputated.

Further the court heard that both his supervisor and line manager had left the factory before the incident. The worker told WorkSafe investigators that he had not been trained if a malfunction occurred.

Employers and business owners have a duty under the OHS Act to provide workers operating machinery or equipment with information, instruction, training and supervision.  Other duties of employers include the provision of adequately guarded machinery/equipment and requirements to complete risk assessments.

For more information on how to better comply with OHS Act, protect your people and investment contact ISOsafe today on 1300 789 132.