A large civil engineering company in Victoria has succeeded in having an enforceable undertaking replace a prosecution. The prosecution was in relation to a serious injury to a worker whose hand was amputated resulting from an unguarded machine.

The company, Aqua Metro Services Pty Ltd, specialises in water and wastewater. The company had been engaged in an underground drain rehabilitation job and was using a REED mobile concrete pump mixer for storm water relining works. The pump mixer had guarding on it to protect operators from coming into contact with the mixing hopper. However, at times, the guarding would need to be removed to clean any residue from the hopper. Unfortunately, there were no interlocks on the guarding to eliminate the risk of an unexpected start-up when the guarding was open.

On the day of the incident, a worker’s hand was caught in the mixing hopper area of the pump mixer, resulting in the amputation of his hand.

The company was charged with two offences:

• the failure to prevent the risk of serious injury arising from entanglement with the pump mixer by the installation of an interlocked guard; and
• alternatively, a failure to prevent the risk of serious injury arising from entanglement with the pump mixer by using a high-pressure hose to remove residue from the pump mixer and, using a lock-out, tag-out procedure when the guarding had to be removed.

Ultimately the charges were withdrawn following the company entering into an enforceable undertaking valued at over $500,000. The enforceable undertaking provided that the company would:

• develop guarding-related virtual reality training in partnership with Master Builders Association of Victoria as well as pay for a large number of external candidates to participate in the training;
• design and implement a safety app as well as a safety leadership program relating to use of the app; and
• provide funding to Monash University and the Australian Institute of Health and Safety.