Inspector Michael Salmon v Provimi Australia Pty Ltd [2008] NSWIRComm 182

Industrial Court of New South Wales

CITATION: Inspector Michael Salmon v Provimi Australia Pty Ltd [2008] NSWIRComm 182

PROSECUTOR: Inspector Michael Salmon PARTIES: DEFENDANT: Provimi Australia Pty Ltd

FILE NUMBER(S): IRC 1026 of 2008

CORAM: Haylen J

Occupational Health and Safety Act 2000 - s 8(1) - guilty plea CATCHWORDS: entered - defendant notified Court of intention to sell business and liquidate assets - new employee engaged as stock feed milling operator - duties included operating large `mixer plant and clearing the plant when feed mix changed - cleaning of mixer involved operator climbing into mixer - ineffective system of isolation of power to mixer - mixer turned on while operator inside plant - fatal injuries received - failure to guard plant - failure to ensure safe system for operation and cleaning of plant - failure to conduct adequate risk assessment - failure to provide adequate information, instruction and training - failure to provide supervision of operation cleaning and maintenance of plant - failure to comply with relevant Australian Standards for guarding and locking out plant - serious breach established - general deterrence considered - limited role for specific deterrence - early plea entered by defendant - first offence - existing system of safety in place but inadequate in relation to guarding and isolating mixer during cleaning function - contrition - co-operation with WorkCover investigation - steps taken quickly to address risks in system - victims' impact statement from five members of deceased family handed up by prosecution - penalty imposed