25/05/2022

A wine bottling company has been convicted and fined $120,000 for operating an electrically unsafe bottling plant, exposing their employees to risk of injury or death, and then continuing to operate the unsafe machinery after SafeWork SA issued a Prohibition Notice on the machine to prevent its use.

Infuse Bottling Company Pty Ltd was sentenced in the South Australian Employment Tribunal (SAET) on 18 May 2022, after being found guilty of failing to ensure the health and safety of its workers and failing to comply with a Prohibition Notice.

The bottling plant was purchased from a vendor in China who was required to install the plant to Australian Standards. The vendor sent installers from China who did not have the correct trade qualifications and did not complete the installation to Australian Standards.

An independent electrical contractor conducting work on the premises observed that the cabling did not meet Australian Standards. The contractor brought this to the attention of the Production Manager.

It was recommended that a full audit of the QPM2 electrical wiring be carried out before the line was energised.

An audit report was provided to the Infuse Bottling Company which identified the plant as being unsafe. On 26 February 2019, the electrical contractor locked out the electrical switch pad for the bottling line until the wiring could be brought up to Australian Standards.

Despite the lock out, the company continued to use the bottling line and exposed their employees to risk of injury or death.

On 16 April 2019, SafeWork SA issued the company a Prohibition Notice on the bottling plant. Infuse Bottling Company told the SafeWork SA Inspector that it had spoken to the installers about the electrical concerns and had been assured that the bottling line was safe to operate.

The bottling line had been used extensively between the lock out on 26 February 2019 and the issuing of the Prohibition Notice on 16 April 2019.

Despite the bottling line being subject to a Prohibition Notice, Infuse Bottling Company continued to use it.

The presiding Judge Deputy President Magistrate Cole stated ‘the defendant knew that the bottling line was not compliant, failed to have that rectified, and continued to use it for nearly another two months. Non-compliance was rectified only after an inspection by SafeWork SA, and the issuing of the Prohibition Notice’.

Infuse Bottling Company Pty Ltd were charged with:

  • exposing workers to a risk to their safety (s 32)
  • failing to consult, co-operate and co-ordinate with the independent electrical contractor (s 46)
  • failing to comply with the prohibition notice issued by SafeWork SA (s 197).

Infuse Bottling Company Pty Ltd pleaded guilty in the SAET to all three offences.

The SAET convicted Infuse Bottling Company Pty Ltd and imposed fines of $135,000, $10,000 and $50,000. This was reduced to a total $136,500 after a 30% discount for early guilty plea plus legal costs. The Magistrate further reduced the fine to $120,000 plus legal costs due to financial hardship.

Magistrate Cole said “continuing to use the bottling line after the Prohibition Notice was issued is a serious breach. Prohibition Notices identify safety issues and provide a warning to employers. Such notices are not to be ignored and the company continued to use the bottling line at risk to their employees”.

SafeWork SA accepted an Enforceable Undertaking in October 2021 with Ms Xiaolie Hu, the officer at Infuse Bottling Company Pty Ltd, who was issued the Prohibition Notice.

SafeWork SA Executive Director Martyn Campbell said “This case is a clear example of a PCBU’s disregard to the safety of their workers, despite being made aware of the risks associated with the bottling plant, both from an independent contractor and by our Inspectors who prohibited its use. The risks created by the company put their worker’s lives in danger. It is fortunate that nobody was injured in this case”.

“This case should also be a reminder to all businesses that any plant imported from overseas must meet Australian Standards.” Mr Campbell said.