Hay Manufacturer HAV Pty Ltd Fined $400,000 After Worker Crushed to Death in 2021

Introduction
HAV Proprietary Limited, formerly known as Hay Australia Victoria, has been sentenced to pay a $400,000 fine following the tragic death of Harley Muir, a 29-year-old worker at their Bridgewater facility near Bendigo, Victoria. Mr. Muir died from crush injuries sustained when he became entangled in a multibaler machine on February 1, 2021. The case, which concluded in the Bendigo County Court, highlights ongoing concerns about workplace safety and accountability within industrial settings.

The defense initially attempted to argue that Mr. Muir’s actions were self-inflicted, suggesting an act of suicide. However, the jury rejected this claim, finding instead that his death occurred during the course of his employment due to inadequate safety measures. Judge Claire Quin emphasized the preventability of workplace fatalities and condemned the frequency of such incidents across industries.

Details of the Incident
On the day of the incident, Harley Muir expressed concerns to a colleague regarding the functionality of the multibaler machine. Minutes later, he stepped onto a guard rail to inspect the equipment further. Unfortunately, the strapping arch of the machine moved unexpectedly, crushing him. Despite emergency services’ efforts, Mr. Muir succumbed to his severe injuries shortly afterward.

Witness statements revealed that Mr. Muir had no history of mental health issues or suicidal tendencies, contradicting the defense’s argument. Instead, evidence pointed to systemic failures in ensuring proper safeguards around machinery operation. These lapses ultimately led to the Occupational Health and Safety Act breach charge against HAV Pty Ltd.

Legal Proceedings and Verdict
A lengthy trial spanning several weeks took place between November and December 2024, culminating in a guilty verdict handed down by the jury. During the proceedings, it emerged that HAV Pty Ltd had failed to implement necessary safety protocols despite being aware of the risks associated with the multibaler machine.

Judge Claire Quin remarked on the lack of substantial evidence provided by the company regarding its financial capacity to pay the fine. Additionally, she noted that the business ceased trading in 2022, raising questions about its future viability. In delivering the sentence, Judge Quin stressed the importance of prioritizing worker safety over profit margins. “Workplace deaths are preventable, and all too common,” she stated, acknowledging the profound grief experienced by Mr. Muir’s family and colleagues.

Family Reaction and Justice Sought
Harley Muir’s mother, Sue Bateson-Muir, spoke emotionally outside the court, expressing relief that her son’s name had been cleared. “It can’t bring [my] son back … but we got justice for him. We cleared his name,” she said through tears. Ms. Bateson-Muir described her late son as a beloved figure who brought joy to those around him.

Ms. Bateson-Muir also reflected on the arduous journey undertaken to achieve justice, hoping that closure would allow them to move forward. “He is my baby. His kids are here. It’s hard as a parent—you’re not supposed to lose your children before yourself,” she added poignantly.

Mr. Muir’s partner, Calesha Sullivan, directed harsh criticism toward the company, labeling them as “cowards.” She accused HAV Pty Ltd of prioritizing profits over worker safety, stating, “They took his life and endangered him, while he worked his ass off to line their pockets.” Ms. Sullivan mourned the loss of a devoted father, highlighting the lifelong impact of his death on their children. “He’ll never see his kids have children … never walk his daughters down the aisle,” she lamented.

Call for Improved Workplace Safety
The tragedy underscores broader issues surrounding workplace safety, particularly in high-risk environments like agricultural processing plants. Judge Quin highlighted the alarming prevalence of preventable workplace fatalities, urging companies to adopt stricter safety standards.

Experts emphasize that proper training, regular maintenance of machinery, and adherence to regulatory guidelines could significantly reduce the likelihood of similar incidents. For families affected by workplace accidents, the emotional toll is immeasurable, underscoring the necessity for robust protections to safeguard workers’ lives.

Company Response and Financial Implications
In response to the charges, HAV Pty Ltd maintained limited communication, declining detailed questions throughout the investigation. Their spokesman acknowledged receipt of improvement notices from WorkSafe Victoria but insisted these had since been addressed. However, the cessation of trading since 2022 raises doubts about the company’s commitment to long-term reform.

With no outstanding operations, the feasibility of paying the $400,000 fine remains uncertain. Nevertheless, the penalty serves as a stark reminder of the consequences faced by organizations failing to uphold basic safety obligations. As Judge Quin stated, “There is understandable grief, anger, and pain” resulting from such negligence.