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Employer

The Elastomers

Incident

Worker struck and killed by machinery

Fine

$450,000 with conviction

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

The Elastomers, a rubber manufacturing company in Melbourne’s southeast, has been fined $450,000 for failing to provide a safe working environment, resulting in the death of a worker, Jawad Mohammadi.

Incident Overview

In May 2021, Jawad Mohammadi was fatally injured at The Elastomers factory while attempting to clear a jammed production line machine. He entered the machinery’s designated danger zone and was struck in the head by the machine after a co-worker, unable to see him, restarted it.

Court Proceedings

Following an investigation by WorkSafe, The Elastomers was charged with failing to maintain a safe workplace. The company pleaded guilty in Melbourne’s County Court. Judge Peter Rozen emphasized that the accident was preventable and criticized the company for its safety oversight.

Penalties and Sentencing

The court imposed a $450,000 fine on The Elastomers. Judge Rozen noted the company’s recent efforts to improve safety measures but stated that these actions did not compensate for the prolonged period of risk that led to Mohammadi’s death. He highlighted the company’s moral culpability in failing to ensure the safety of its machinery.

Impact on the Family

The victim’s family described Mohammadi as a remarkable individual who had strong bonds with many. The court acknowledged that no monetary penalty could adequately compensate for the loss of life and the impact on his family.

Company’s Response

Since the incident, The Elastomers has implemented significant safety upgrades to prevent similar incidents. The company’s actions post-incident and its lack of prior convictions were considered during sentencing.

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