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Court outcome VIC Agriculture

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

Published Updated
Regulator in VIC

WorkSafe Victoria

Status

A court or tribunal has made a decision.

Investigated by

Police

Record summary

Date
Monday 1 February 2021
Location
HAV Proprietary Limited's
Employer or operator
HAV Proprietary Limited
Type
Machinery entanglement and crush injury
Deaths
1On Monday, February 1, 2021, Harley Muir, a 29-year-old worker, was killed when he became entangled in a multibaler machine at HAV Proprietary Limited's facility near Bendigo in Victoria
Injured
One worker fatally crushed in multibaler machine

What happened

Incident Overview

On Monday, February 1, 2021, Harley Muir, a 29-year-old worker, was killed when he became entangled in a multibaler machine at HAV Proprietary Limited’s facility near Bendigo in Victoria. Mr. Muir sustained fatal crush injuries when the strapping arch of the machine moved unexpectedly as he inspected the equipment.

Following a lengthy trial in the Bendigo County Court between November and December 2024, HAV Pty Ltd was found guilty of breaching the Occupational Health and Safety Act and sentenced to pay a $400,000 fine. The jury rejected the company’s defense argument that Mr. Muir’s death was self-inflicted, instead finding that systemic failures in workplace safety measures directly contributed to the tragedy.

  • Fatalities:
    • On Monday, February 1, 2021, Harley Muir, a 29-year-old worker, was killed when he became entangled in a multibaler machine at HAV Proprietary Limited’s facility near Bendigo in Victoria
  • Injuries:
    • None reported.
  • On Monday, February 1, 2021, Harley Muir, a 29-year-old worker, was killed when he became entangled in a multibaler machine at HAV Proprietary Limited’s facility near Bendigo in Victoria

WorkSafe Victoria investigated the incident and issued improvement notices to HAV Pty Ltd. The investigation revealed that the company had failed to implement necessary safety protocols despite being aware of the risks associated with the multibaler machine. The case proceeded to trial in the Bendigo County Court, with the jury finding the company guilty of breaching the Occupational Health and Safety Act.

WorkSafe Victoria continues to prioritize workplace safety investigations and welcomes any additional information from workers, contractors, or persons with knowledge of safety practices at HAV Pty Ltd’s Bridgewater facility. Persons with relevant information are encouraged to contact WorkSafe Victoria on 1800 136 089 or submit a report via the online incident-reporting form at worksafe.vic.gov.au.

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