Smithon abattoir Greenham appeals conviction over 2016 case of worker crushed by platform

Greenham, in Smithton, was convicted in the Magistrates Court but appealed the decision to the Supreme Court, which has ruled that the magistrate must remove one of her reasons for conviction.

On April 6, 2016, a worker with 20 years' experience was helping to clean the slaughter floor at the end of the day when he went under the rise and fall platform, which gave other workers access to elevated work stations on the assembly line.

The last worker was yet to descend however, and the platform came down on top of the worker, crushing him.

READ MORE: Pre-travel COVID test rule scrapped for four states

Greenham was charged with failing to ensure safe systems of work, "as was reasonably practicable".

Magistrate Leanne Topfer found the charge proven due to there being no marked exclusion zone under the platform, a lack of standard operating procedure for cleaning under it and a lack of signage warning of a crush risk, all upheld on appeal.

Her reasons also included a failure to implement "isolation procedures" for the platform, but in assessing the appeal, Chief Justice Alan Blow found this was not an adequate reason and was therefore an error in law.

As a result, the matter will be sent back to the magistrate to assess without this aspect as a reason for conviction.

During the appeal, the court heard that a risk assessment was carried out on the platform in 2014 and it was determined that a siren be used when it was operating, and that it only be cleaned under during shift breaks and after shifts are completed.

READ MORE: Vaccine mandate for public sector workforce

The siren had sounded during the crushing incident, the court was told.

But the lack of written operating procedure to direct employees not to clean under the platform at various times, and no floor markings or signage to warn of crush risk, was enough to result in a guilty finding.

The matter will be heard in the Magistrates Court at a date to be set.

Our journalists work hard to provide local, up-to-date news to the community. This is how you can continue to access our trusted content: