Firm fined $40k after worker suffers burns

A Laverton North company has been fined $40,000 after an employee suffered burns to his face, neck and torso at the workplace.

BPL Melbourne Pty Ltd, which manufactures pet food, pleaded guilty to failing to provide a safe working environment for its employees in accordance with the Occupational Health and Safety Act 2004.

The County Court heard on February 2, 2012, production supervisor Thao Phan was unblocking a pipe when the ladder he was using slipped, moving a lever from the ‘off’ position to the ‘on’ position, which caused hot tallow to flow through the pipe and burn Mr Phan’s face, neck and torso.

The court heard that a machine operator who was assisting Mr Phan was lucky to escape injury.

The company admitted that it breached the Occupational Health and Safety Act by failing to ensure that the workplace training Mr Phan had received in ‘tag and lock out’ procedures was monitored and enforced by having an adequate task instruction manual, so that employees knew when to apply the correct procedures.

BPL erected a permanent above-floor work platform with fixed steps in the tallow line area shortly after the incident.

But the company no longer operates out of the Marino Street plant in Laverton North where the incident occurred.

Judge Paul Lacava said it was not unreasonable or impractical for the company to have properly monitored and enforced the safety measures it had in place.

“Were the company more vigilant, this offending would not have occurred,” Judge Lacava said.

“Whilst I accept this is not the most serious example of this kind of offending, I do not accept the submission that the company’s culpability should be regarded as low level.

“It is not. Simply put, the company did not do enough.”