In the case of SafeWork NSW v B & E Foods Pty Ltd [2023] NSWDC 569, B & E Foods Pty Ltd was found guilty of breaching its duties under the Work Health and Safety Act 2011 (NSW) alongside the machine importer and labour hire company.
The case arose from a serious workplace incident where an employee suffered significant injuries while operating meat slicing machinery without adequate safety measures in place.
Key Findings from the Case:
Failure to Identify and Control Hazards:
The company failed to properly identify and control risks associated with machinery operation.
Adequate guarding and safety controls were not implemented.
Inadequate Training and Supervision:
Employees operating the equipment did not receive proper training on safe usage procedures.
The worker was not literate in English, therefore local warning signs would have little impact.
Lack of Safe Systems of Work:
There were no clear safety procedures in place for operating hazardous machinery.
Breach of Duty of Care:
The court highlighted the employer’s failure to fulfill their primary duty of care under the WHS Act 2011 to ensure the health and safety of workers.
Outcome:
B & E Foods Pty Ltd was fined $375,000 and ordered to improve safety to an estimated cost of $3 million.
The Machine importer was fined $262,500
The Labour hire company was also fined $262,500
How VitalShield Health & Safety Can Help Prevent Similar Incidents
At VitalShield Health & Safety, we understand the critical importance of proactive workplace safety management. Here’s how we can support your organisation to prevent incidents like this:
1. Comprehensive Risk Assessments:
We conduct detailed workplace risk assessments to identify hazards associated with machinery, equipment, and workplace processes.
2. Implementation of Safe Systems of Work:
Our team helps design and implement clear, practical safety procedures tailored to your workplace operations.
3. Staff Training and Competency Programs:
We provide hands-on safety training for workers operating hazardous equipment taking into account the literacy of your staff.
Supervisors are trained to monitor and enforce safety protocols effectively.
4. Machinery and Equipment Safety Audits:
We ensure machinery complies with Australian safety standards, including the installation of appropriate safety guarding and controls.
5. Ongoing Support and Compliance Checks:
Regular safety audits and compliance reviews.
Support in updating WHS documentation and procedures to align with regulatory requirements.
The Cost of Non-Compliance
This case highlights not only the human cost of inadequate safety measures but also the financial and reputational damage that can result from failing to meet WHS obligations.
By partnering with VitalShield Health & Safety, your organisation can build a robust safety culture, reduce risks, and ensure compliance with legal standards.
Don’t wait for an incident to highlight gaps in your safety systems. Contact VitalShield Health & Safety today to protect your workers, your business, and your reputation.
Safety isn’t just a requirement — it’s an investment in your people and your future.
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