Scalping injury appeal leads to larger fine and conviction

A Shepparton fruit packing company has had a conviction imposed and fine increased to $150,000, following an appeal over the scalping injury of one of its workers.

Last year Kalafatis Pty Ltd was charged by WorkSafe Victoria for failing to provide and maintain a safe plant, as well as one charge of failing to maintain a safe system of work.

The company was initially fined $50,000 without conviction and ordered to pay $22,000 in costs in the Shepparton Magistrates Court.

Following an appeal by the Director of Public Prosecutions in the Shepparton County Court, the fine was increased to $150,000 and a conviction was imposed.

In the initial hearing, the court was told that a backpacker employed at the company was cleaning the underside of a conveyor belt in November 2015 when her hair was caught in a drive shaft.

The rotating drive shafts and sprockets were unguarded and workers were expected to clean the conveyor belt while it was operating, leading to a serious risk of injury from entanglement.

WorkSafe Acting Executive Director of Health and Safety Paul Fowler said employees should never be expected to clean machinery such as conveyor belts while they were in operation.

“The dangers of having workers reaching into moving machinery should be obvious to any employer, and the idea that this practice would even still go on in Victorian workplaces is shocking and completely unacceptable,” Fowler said.

“The time or cost saved by not powering down is never worth the horrific injuries that could occur, and did in fact occur on this occasion.”

WorkSafe Victoria has provided the following tips for cleaning plant and equipment safely:

• Ensure machines are powered down and fully secured before cleaning begins.
• Ensure workers are properly trained and supervised so they understand the risks associated with the plant and equipment being cleaned.
• Ensure machinery is properly guarded and safety interlocks are regularly checked.
• Ensure warning lights and sounds are working.
• Ensure any conveyor system has a lanyard-type emergency stop system that will enable a person anywhere along a conveyor to gain immediate access to the emergency stop.
• If a lanyard-type emergency stop can’t be installed, ensure interlocked guarding is installed along the length of the conveyor.

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