Prosecution Details

Being an employer, failed, so far as is practicable, to provide and maintain a working environment in which its employee was not exposed to hazards, and by that contravention caused serious harm to employee contrary to section 19(1) of the Occupational Safety and Health Act 1984.

D'Orsogna Limited is located on the corner of Leach Highway and Stock Road in Palmyra, in the State of Western Australia.

At that premises D'Orsogna operates a meat processing and packing business.  Over 300 people work at the premises, in a shift work arrangement.

On 15 February 2010 a worker was an employed by D'Orsogna to perform general labouring duties, clean, operate basic machinery and general handling of meat.

On 15 February 2010 the employee was operating a bee hive mincing machine.  He placed a 200kg of meat on to a lifting hoist.

The meat was lifted in to place and dropped in to the feed hopper, at the top of the bee hive mincing machine.

The feed hopper is a large metal chute on top of the mincing machine, which directs the meat into the mincers.

The employee started the bee hive mincing machine and climbed up a step ladder beside the machine.  From that position he checked the levels of the meat going down the feed hopper.

During that process he noticed meat was sitting about half way down the feed hopper and not going down in to the mincing area.

The employee used his right hand to push the meat down.  His right ring finger became stuck in the mincing area.  As a result he suffered injuries which required his right ring finger to be amputated at the first knuckle (distal interphalangeal joint).

It was reasonably practicable for the Accused to have:

• (a) Installed guards on the feed hopper of the bee hive mincing machine; and/or
• (b) Installed a safety switch on the bee hive mincing machine.

Since the incident on 15 February 2010 the Accused has:

• (c) Removed the step ladder from use;
• (d) Installed a safety step to be used to access the feed hopper. A safety switch was also installed on the safety step that would prevent the mincer from operating when the safety step is down in a usable position;
• (e) Installed a metal grill guard. A safety switch was also installed on the guard that would prevent the mincer from operating when the guard was lifted off of the feed hopper in to an open position.

The cost to the Accused of installing that equipment was less than $3,000 and was done within approximately one week.

The Accused entered a guilty plea and was convicted.