A Northern Victorian farming business, S. Ford & Sons Proprietary Limited, has been found guilty of occupational health and safety breaches and fined $15,000 after an incident in a silo that resulted in a 19 year old employee losing three toes.
The Bendigo Magistrates’ court heard on Tuesday that the incident occurred in July 2006 after an employee was instructed to assist in cleaning out a silo.
The court was told that the employee climbed inside using an access ladder and straddled either side of the silo chute that opened onto an auger screw. The auger screw was inadequately guarded with galvanised wire and metal bars, the apertures of which were wide enough to allow a foot through.
While shovelling, the employee hit a hard part of grain, causing him to overbalance. He fell face first and as he tried to right himself, his boot went under the guard of the auger and the auger screw grabbed his boot. He was spun around by the auger screw and then the auger stalled.
The employee was taken to hospital, where he underwent microsurgery and lost three toes, including his big toe.
WorkSafe Victoria told the court that an employer has an ongoing, non-delegable duty to provide a safe working environment.
While the employer had made a previous attempt to change the size of the guarding, no consideration was given to appropriate guarding on the auger for when the injured employee was instructed to perform the task.
WorkSafe Executive’s Director, John Merritt, said appropriate guarding of machinery was paramount and employers must take all reasonably practicable steps to ensure the safety of their employees.
“There have been laws in this country since the 1800s dealing with machine guarding and yet far too often a lack of guarding or appropriate guarding causes serious injury or worse”
“The loss of three toes is serious enough but it could have been much worse”.
“Just as important as the need for machinery to be properly guarded, all employers including farmers need to make sure that workers and contractors receive adequate instruction and training about workplace hazards prior to commencing work”.
John Merritt also said it was crucial for farmers to ensure powered and mobile plant equipment is maintained and that guards are reinstated after servicing or repair.
“Victorian employers still unsure about their obligations when it comes to guarding machinery need only visit our website, call our advisory line or visit their local WorkSafe office” John Merritt said.