Ms Mary Gladys Coates has been convicted and fined $21,000 in the Industrial Court of NSW as a result of a prosecution by SafeWork NSW.
These proceedings arose from an incident on 28 July 2023, when a grain auger known as a pencil auger was found to be in use at her Southgate, NSW business without the appropriate safety mechanisms, such as a guard, in place.
Ms Coates pleaded guilty to an offence pursuant to section 33 of the Work Health and Safety Act 2011 for failing to comply with her duty to workers under section 19(1) of the Act.
The Court also issued an adverse publicity order, which required Ms Coates to publish a public notice in local newspaper The Land newspaper containing details of the incident and conviction by the Court.
The full judgment against Ms Coates is published on the NSW Caselaw website at: SafeWork NSW v Coates - NSW Caselaw.
Ms Coates has the right to appeal against her sentence.
Workers who have concerns about workplace health and safety can anonymously contact SafeWork NSW on 13 10 50 or through the Speak Up Save Lives website.
Business owners and workers can access a range of resources to help manage the risks of working with plant, machinery and equipment on the SafeWork NSW website.
SafeWork Commissioner Janet Schorer said:
“Risk control measures for working with moving plant and fixed machinery are well known. Being injured when working with fixed machinery is a preventable hazard we see across our State and across all industries.
“Preventing injuries caused by mobile plant, vehicles or fixed machinery is an area for action in SafeWork NSW's regulatory priorities.
“Having an awareness and assessment of the risks, along with implementation of safe systems of work, is key to reducing the number of incidents related to fixed machinery.”
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