The Industrial Court of NSW has fined a feedlot operator $60,000 following a farm worker’s serious injury involving an unguarded auger.
The prosecution, brought by SafeWork NSW, underscores the critical importance of maintaining robust WHS management systems, ensuring machinery is appropriately guarded and implementing safe systems of work.
The decision reminds employers that they must take proactive steps to identify, assess and control risks associated with plant and machinery to meet their obligations under the Work Health and Safety Act 2011 (NSW) and protect farm workers from preventable harm.
The Incident & Court Findings
A farm worker from a feedlot property in Northern New South Wales suffered serious injuries to his foot after coming into contact with an unguarded auger.
The Court found that there was no guard on the machine, the employer did not have a documented safe work procedure, and employees were not given formal training, competency assessments or adequate supervision. Additionally, the Court found that readily known and available risk controls had not been implemented by the employer.
The employer pleaded guilty to breaching s32 of the Work, Health and Safety Act 2011 (NSW) by failing to comply with its primary duty of care under s19(1) and was fined.
SafeWork NSW
Safe Work NSW has highlighted machinery-related injuries as a persistent yet preventable workplace risk. In a statement published to the SafeWork website, Acting Commissioner Petrina Casey said, “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.” SafeWork has identified preventing incidents involving vehicles and fixed machinery as an ongoing regulatory priority, with businesses expected to actively manage and regularly review their control measures.
A reminder of core WHS responsibilities
The decision reinforces the importance of proactive risk management. Employers need to ensure that machinery is appropriately guarded, implement documented safe work procedures, provide workers with adequate training and supervision and regularly review risk assessments and WHS management systems to ensure control measures remain effective.
How we can help
Our Workplace + Conduct team supports employers in meeting their workplace health and safety obligations by reviewing WHS management systems, developing and updating policies, advising on incident responses, assisting with SafeWork investigations and representing businesses in proceedings before the Industrial Court.
For more information, please contact Daniel Morgan at daniel@morganenglish.com.au
