Swain Farms Pty Ltd has been convicted and fined $60,000 in the Industrial Court of NSW as a result of a prosecution by SafeWork NSW.
The proceedings arose from an incident on 6 August 2023, when a worker sustained serious injury when they came into contact with an unguarded auger.
Swain Farms pleaded guilty to an offence pursuant to section 32 of the Work Health and Safety Act 2011 for failing to ensure, as far as is reasonably practicable, the health and safety of workers as required under section 19(1) of the Act.
The full judgment against Swain Farms is published on the NSW Caselaw website.
Swain Farms has the right to appeal against the 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.
Acting SafeWork Commissioner Petrina Casey 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 in 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 moving plant and fixed machinery.”
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