Fine set for horror injury
A juice company has been hit with a $120,000 fine following a distressing workplace incident.
The incident, which occurred in November 2020 at Nippy's Waikerie Producers Pty Ltd packing shed in South Australia's Riverland, caused severe trauma to an 18-year-old worker who had her entire scalp torn from her head.
Described as “serious and permanent” in a judgement from the SA Employment Tribunal, the incident unfolded when the woman was instructed to clear a blockage from a conveyor belt.
The machinery was still operational, and the young worker’s hair became entangled in an unguarded sprocket and drive-chain system.
The company pleaded guilty to failing to comply with its health and safety duty and received a criminal conviction.
Deputy President Magistrate Katherine Eaton revealed that the young woman had undergone multiple surgical procedures and requires ongoing treatment.
She also highlighted the psychological impact of the injury, stating; “In an instant, her young and hopeful life flipped into shock, trauma, ongoing pain, and disfigurement”.
Magistrate Eaton criticised the company for failing to take action despite the foreseeable risks.
In a previous assessment, completed in September 2013, the company had identified the potential for injury to “hands and hair” due to unguarded moving parts. The installation of additional guards had been recommended but was neglected.
Magistrate Eaton also noted that a culture had developed where workers were expected to clear blockages while the plant was operating.
The company's director, Jeffrey Knispel, offered an immediate apology and provided financial support to the victim's family.
Nippy's also implemented safety upgrades, paid a reparation fee of $50,000 to the victim and her family, and spent an additional $60,000 on other safety measures.
Magistrate Eaton found a low likelihood of the company reoffending when determining the sentence, concluding that specific deterrence was of lesser importance.