Have any questions? Call us: Carter Capner Law monitors workplace accidents throughout Australia to spotlight safety issues of concern to our clients and to demonstrate those situations in which they may have a right to an insurance or compensation recovery. We act for workers and contractors throughout Australia. Call today on 1300 529 529 or click here to reach Carter Capner Law.
Introduction
A labour hire provider and a potato and onion wholesaler have been fined following a workplace accident in which a woman lost several fingers after her hand became trapped in machinery. The incident, which occurred during the worker’s first shift, was described by the court as preventable, with investigators finding critical failures in training and machine guarding.
Details of the Incident
The accident occurred in June 2023 at Cummaudo Farms in Mirboo North, Victoria, where the worker had been placed by labour hire provider MJ Dijamco.
The woman was tasked with removing onion stems using an onion grader machine. During her first shift, she approached the upper section of the grader to dislodge two onions, believing the machine had already been shut down.
However, when she reached into the machine, her hand became caught in the rotating rollers.
“Hearing her screams, the coworker pressed the emergency stop button,” WorkSafe Victoria said.
The worker was rushed to hospital, where multiple fingers on her right hand were amputated as a result of the injuries.
Investigation Findings
A WorkSafe Victoria investigation found there was no guarding in place around the machine’s rotating rollers or sizing belt.
Investigators also determined that:
- the worker was not provided with any training on operating the onion grader
- she was not informed about the machine’s danger points
- neither company ensured appropriate safety systems were in place
Cummaudo accepted that it could have easily installed a fixed cage to prevent access to the rollers while the machine was operating and could have provided proper training.
Court Outcome
Both companies were sentenced in the Korumburra Magistrates Court on December 10.
MJ Dijamco was found guilty ex parte of a single charge of failing to provide safe systems of work and was fined $40,000.
Cummaudo pleaded guilty to:
- failing to provide and maintain safe plant
- failing to provide adequate information, instruction and training
The company was fined $25,000 without conviction.
Both companies were also ordered to pay $5,641 in costs.
Regulator Response
WorkSafe Victoria Acting Chief Health and Safety Officer Barb Hill said the case highlighted the serious consequences of inadequate safety controls around machinery.
“Proper training and appropriate guarding are fundamental when it comes to machinery,” she said.
“As we’ve seen far too many times, neglecting such measures can have gruesome, life-altering consequences.”
She also warned labour hire providers could not shift responsibility entirely to host employers.
“Labour hire providers can’t simply send their workers to a job and assume safety will be wholly managed by someone else — they must actively confirm that their workers are trained and risks are appropriately controlled.”
Conclusion
The sentencing serves as a stark reminder of the shared responsibility between labour hire firms and host employers to ensure workers are protected from machinery hazards. For the injured worker, the consequences were permanent and life-changing — outcomes WorkSafe says are entirely avoidable when proper guarding and training systems are in place.