Unguarded Machine Traps Arm and Leads To $129,000 Fine

A Riverland fruit packing business has been fined $129,000 after a worker’s arm became caught in an unguarded machine.

The company was sentenced in the South Australian Employment Tribunal on 24 April 2025 following a SafeWork SA prosecution.

The company was charged with breaching section 32 of the Work Health and Safety Act 2012 (SA) and regulation 211(2) of the Work Health and Safety Regulations 2012.

The charges related to the company's failure to ensure adequate guarding was in place on a pressure washer to eliminate or minimise the risk that a worker’s hand or arm could become entangled in the machine.

It also failed to ensure that the emergency stop control for the pressure washer complied with regulations.

The incident took place at Ramco on 9 March 2023 when a young female grader operator attempted to clear a blockage in the pressure washer after a few oranges became stuck at the top of the feed ramp.

The worker used a stick to dislodge most of the oranges while the pressure washer was still operating and reached into the machine to dislodge the remaining fruit. When doing so, the sleeve of her jacket became caught in the pinch point of the motorised chain and sprocket and her left arm pulled into the machine.

The worker was unable to reach the emergency stop control and immediately yelled out for help. Another worker – the injured worker’s mother - ran to her aid from 40 metres away and shut off the machine.

The worker’s arm was trapped in the pressure washer until paramedics arrived.

The injured worker was initially taken to Waikerie Hospital for treatment and was later airlifted to Adelaide for surgery. She has undergone three surgeries and a skin graft to repair the degloving injury and has returned to work at Lochert Bros.

SafeWork SA inspectors visited the fruit packing plant and immediately issued the business with three statutory notices prohibiting the use of the pressure washer. Further compliance action at the workplace led to a further 38 improvement notices being issued, 18 of which related to guarding of machinery.

In June 2023, the company advised SafeWork SA it had spent more than $12,000 on repairs and safety upgrades to the pressure washer since the incident.

All statutory notices had been complied with in October 2023 with the company advising it had spent more than $250,000 on safety upgrades at the workplace.

In his sentencing remarks, Deputy President Lieschke said the guarding offence was a serious breach of the company's fundamental workplace safety obligations.

“A serious injury was readily foreseeable and increasingly likely over time,” Deputy President Lieschke wrote.

“I add that if no guarding or emergency stop control is fitted to plant, compliance with an employer’s primary safety duty would be very unlikely.

“There was an emergency stop control in the form of a pull cord, and it appears to have been attached to a handrail on the upper level, however, it was not accessible.

“This was a fundamental safety failure that had real consequences.”

Deputy President Lieschke recorded a conviction against the company and imposed a $120,000 fine for the first charge and a $9,000 fine for the second charge.

He also ordered they pay Victims of Crime Levies of $424 and $262 and a contribution of $1,210 towards SafeWork SA’s legal costs.

Quotes Attributable to SafeWork SA Executive Director Glenn Farrell:

Installing physical barriers such as guards is a well-known safety solution to reduce the risk of harm from the hazardous moving parts of machinery and is often very simple to do.

We continue to see far too many incidents resulting in serious injury or death as the result of guarding being non-existent or inadequate.

This incident could easily have been avoided if the company had ensured the pressure washer was appropriately guarded and the emergency stop control within easy reach.

It should not take an injury to a worker to trigger an employer’s responsibilities and for them to take action.

Businesses who utilise machinery in the workplace must have effective measures in place to prevent a person from coming into contact with moving parts. Those that don’t are putting lives at risk and neglecting worker safety.

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Unguarded Machine Traps Arm and Leads To $129,000 Fine: Safe Work WA, April 2025