On 15 February 2022, a partner of a wholesale meat supplier business was sentenced in the Richlands Magistrates Court for breaching section 32 of the Work Health and Safety Act 2011 (‘the Act’), having failed to comply with its health and safety duty under section 21 of the Act to ensure, so far as reasonably practicable, the plant at the workplace was without risk to the health and safety of any person.

The defendant, in partnership with two other individuals, operated a family-owned business which supplies meat to various Queensland restaurants. As part of the business, workers prepared meat for supply, which included using a meat slicer to cut and portion bulk meat for packaging and delivery.

The business purchased the meat slicer from China and placed it in the workplace in January 2019 for use by workers. The machine’s display screen and buttons contained Chinese characters and the manual was written in Chinese, which the defendant could not read. No risk assessment was conducted, and no policy or procedure was developed in relation to its use. Additionally, a clear Perspex guard was present only on the front of the machine, not the rear.

The defendant instructed workers how to operate the machine despite being unable to read the machine’s manual and controls, and only speaking limited English. The workers found the machine’s blade did not always cut through fat on the meat being sliced, causing it to collect at the bottom of the machine. Workers were instructed to turn the machine off and cut off the fat, and to use a stick to move the cut meat when the blade was still operating.

In August 2019, around one month after commencing employment, a 23-year-old worker advised the defendant that the meat slicer was not cutting properly. The defendant removed the front guard and the machine’s outer casing and adjusted the blade. An attempt to refit the guard was unsuccessful and the worker was told not to put his hand in front of it.

On 21 August 2019, the worker was positioning the to be cut (or collecting meat and fat from the machine) when the blade came down onto his right hand and completely severed it across the palm. The injured worker’s hand was later successfully reattached in surgery.

Following the incident, one of the business partners immediately obtained the guard from the kitchen and refitted it with the assistance of another person. The defendant participated in an interview with Workplace Health and Safety Queensland, where he admitted that he had trained the injured worker, he knew the blade was dangerous, he could not remember when he took the guard off and that he had forgotten to replace it.

The other individuals in the partnership were similarly convicted of offences against section 32 of the Act and fined $25,000 each in the Richlands Magistrates Court on 28 September 2021.

In sentencing the defendant, Magistrate Shearer took into account the defendant’s guilty plea and reduced the penalty that would otherwise have been imposed, and accepted that all of the character references spoke highly of the defendant. Although his Honour noted the defendant had suffered some stress following the incident, he remarked that this paled in comparison to the injured worker’s suffering.

His Honour stressed the importance of compliance with the law and that the onus is on the defendant to ensure that employees have a safe workplace. The learned Magistrate found that the risk was obvious, and considered various risks including buying a Chinese machine, which included a Chinese manual, display screen and buttons, when the defendant did not read Chinese, together with the risks of a single safety barrier with none on the rear and instructing workers to use a stick to clear meat. His Honour commented that the defendant’s removal of the front guard and failure to replace it was thoroughly unacceptable and a gross risk to safety. The learned Magistrate found that it was unsurprising that someone was severely injured and that the risks were easy to avoid.

His Honour commented that the incident and aftermath would have been extremely painful and traumatic for the 23-year-old injured worker, who would be constantly reminded of the incident for the rest of his life.

Magistrate Shearer found that the defendant’s conduct was a complete failure to properly comply with his responsibilities under the Act. His Honour stated that it was important that the penalty imposed deterred other business owners, especially those using knives and slicing machines, who need to be aware of the consequences of failing to comply with basic work health and safety rules. His Honour found that the defendant’s conduct was at the high end of the scale of seriousness. The Court also considered that the seriousness of the consequences to the injured worker were towards the high end.

The defendant was convicted and fined $70,000. His Honour exercised his discretion to not record a conviction.

OWHSP contact: enquiries@owhsp.qld.gov.au