February 27, 2023
Swickers Kingaroy Bacon Factory Pty Ltd has been fined $25,000 in Kingaroy Magistrates Court for breaching the Work Health and Safety Act 2011.
The company pleaded guilty to failing to comply with its primary health and safety duty, exposing an individual to a risk of death or serious injury.
The court was told that between March and June 2021, the company approved the use of Protexit, an acid cleaner, for use in a manual descaling process of its scalding cabin.
When workers were using the chemical, they were instructed not to kneel in the cabin.
Personal protection equipment that was provided to staff included cotton coveralls, oil and chemical-resistant boots, chemical-resistant gloves, a poncho, goggles, head covering, breathing protection, knee pads and a chemical-resistant apron.
However, the PPE did not include chemical-resistant pants and the cotton coveralls did not resist absorption of Protexit.
On June 27, 2021, a worker sustained burns to his right knee after inadvertently contacting the acid solution.
After washing his knee for some minutes, he returned to work and at the end of his shift received first aid.
The next day, he returned to work and saw a nurse and subsequently a doctor. He was later admitted to hospital where he underwent a debridement procedure as he sustained two partial thickness burns to his right knee.
On June 28, 2021, another worker was descaling the cabin with Protexit. As he climbed out of the cabin, he felt a stinging sensation in his knees. He received two minor superficial burns to his knees that had been caused from Protexit permeating his uniform.
He washed his knees for 15 minutes, received first aid and did not require further treatment.
Magistrate Andrew Sinclair said he took into account the nature of the injuries suffered by the two workers and that they could have been prevented by the company providing chemical-resistant pants.
He also took into account the company’s record and co-operation with Work Health and Safety Qld, its expression of remorse and its entry of an early plea.
He also considered the steps taken by Swickers to reduce the risk of injury and its corporate character in the local community but observed the type of injury sustained by the workers was an obvious risk.
Magistrate Sinclair said a fine in the order of $25,000 would provide adequate deterrence and reflected the seriousness of the charge.
According to the Office of the Work Health and Safety Prosecutor, the maximum fine Swickers could have faced was $1.5 million.
No convictions were recorded.
The sentencing occurred on January 27.
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