logo
Abattoir lawyer accused of 'blame shifting' after worker loses foot

Abattoir lawyer accused of 'blame shifting' after worker loses foot

A New South Wales Riverina abattoir has been accused of "blame shifting" despite pleading guilty to charges related to a workplace injury that resulted in a worker losing his foot.
During a sentencing hearing in the NSW District Court in Sydney on Tuesday, defence counsel representing Hilltop Meats in Young, Bruce Hodgkinson, said an auger system in which the worker's foot became entangled had a lock-out system that could have prevented the 2021 incident.
He told the court that lock-out system would have demobilised the machine.
"That's not a complex procedure," Mr Hodgkinson said.
The worker had been clearing a blockage in the meat auger conveyor in October 2021 when a colleague turned the machine back on, causing his foot to become caught inside the screw mechanism.
Emergency crews worked for more than two hours to free the man in his 30s, who suffered significant injuries to both legs and later had a foot amputated.
SafeWork NSW started action against the meat processing facility in 2023.
Hilltop Meats pleaded guilty in March to failures which allowed the worker to be exposed to dangerous moving parts of the auger, admitted to placing the worker at risk of falling from height on the auger and being at risk of death or serious injury.
It further admitted it failed to conduct a risk assessment of the task of removing blockages in the auger.
Crown prosecutor Matthew Moir accused the defence of "blame shifting".
"It's the duty holder who has the obligation to ensure employees are property trained, instructed in the correct method of work," he said.
He accused the defence of "trying to blame others … in particular [the victim]", for failing to follow the procedures in place.
The court heard the victim began work at the abattoir in 2015 and had previously been trained in the lock-out process, before he left the company in 2018.
The victim returned in July 2021.
The company had changed hands, however, Mr Moir noted the victim was not retrained in the lock-out procedure.
The court heard that about three months after the workplace incident, the victim was called back into work and reprimanded for his actions.
Judge Wendy Strathdee was concerned by the company's action.
"Would the more appropriate fashion have been to speak to the rest of the workplace rather than issue a written warning and threat of termination to the man who lost his foot," she said.
Mr Hodgkinson said the "difficult" decision to call in the victim had not been taken lightly but deemed it necessary.
"If they're going to take enforcement action, how are they going to do it if they don't go directly to [the victim]," he said.
Judge Strathdee said while she understood it was a "very difficult, delicate situation", she remained concerned the victim was reprimanded before he had returned to work.
The court heard workers had developed their own practice of clearing auger blockages, which were a common occurrence, by standing above the unguarded conveyor screw several metres above a concrete floor.
Agreed facts in the case showed workers told SafeWork the guards over the auger had been removed for months prior to the incident.
The court heard a maintenance supervisor had told a different worker not to stand in an unguarded auger, but no further action was taken.
It heard while the maintenance manager was aware of the practice, he did not tell senior management.
Mr Hodgkinson said they were unaware workers were engaging in the practice until the incident occurred.
Judge Strathdee adjourned proceedings and to hand down a judgement at a later date.
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

NSW Police crack down on new 'G7' crime gang hitting Sydney's streets
NSW Police crack down on new 'G7' crime gang hitting Sydney's streets

The Australian

time5 hours ago

  • The Australian

NSW Police crack down on new 'G7' crime gang hitting Sydney's streets

A new crime network has hit Sydney's streets and police are cracking down on its alleged serious organised crimes, with four men already arrested. Police alleged the gang, named 'G7', was responsible for a series of aggravated break and enters, home invasions, and motor vehicle thefts in Sydney. The crimes were alleged to have supported broader organised crime operations. NSW Police launched Strike Force Duncan to probe what they suspected was the supply of vehicles to organise crime, uncovering the new G7 network. NSW Police have cracked down on the new "G7" network on Sydney's streets. Picture: NSW Police The investigation was elevated to Strike Force Falcon, which found 17 vehicles they alleged were linked 'directly' to G7's operations. This week the task force charged four men for their alleged involvement in the criminal activities. One of the men, an 18-year-old, was arrested on July 28 at a correctional centre on the Mid North Coast and charged with seven offences, including firearm charges and participating in a criminal group. The teenager was refused bail and will next appear in Campbelltown Local Court on August 27. More searches were made on Wednesday, including at properties in Greystanes and Menai where police found nearly $30,000 cash, a shotgun, ammunition, more than a kilogram of cocaine and 14 mobile phones. Police searched a home in Menai. Picture: NSW Police Footage from the Menai search shows Raptor police knocking on the door of the home and shouting: 'It's police, open the door.' A female voice can be heard inside. The officer then breaks down the door and enters the property. Officers also stopped a vehicle in Narellan at 12.20pm on Wednesday and arrested the 21-year-old driver, taking him to Camden Police station and charging him with three offences including possessing a shortened firearm without authority and participating in a criminal group. Footage from that arrest show the man being taken into custody by at least eight officers and a dog, he was pinned to the ground and his white hoodie drenched in mud. One of the men was arrested when police stopped a vehicle in Narellan. Picture: NSW Police A simultaneous arrest was also undertaken in Blacktown, where another 21-year-old driver was stopped and charged with seven offences, including three firearm charges, a drug charge and charges for alleged involvement with a criminal group. Both were refused bail. The fourth man was charged on Thursday for a similar firearm charge and participation in a criminal group. Charges were previously laid against nine members and associates of the G7 network. Brendan Kearns Cadet Journalist Brendan Kearns is a cadet journalist with News Corp Australia. He has written for The Australian, the Herald Sun, the Geelong Advertiser, CHOICE, Cosmos, and The Citizen. He won Democracy's Watchdogs' Student Award for Investigative Journalism 2024 and hosted the third season of award-winning podcast Uncurated. He studied as Master of Journalism at The University of Melbourne, before that he worked as a video producer and disability worker. @brendandkearns Brendan Kearns

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store