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A fast-food business has been convicted and fined $75,000 by WorkSafe after a worker’s ponytail was caught in an unguarded rotisserie machine at a store in Plenty.
Souvlaki GR Plenty was sentenced ex parte in the Heidelberg Magistrates Court recently after being found guilty of one charge of failing to provide and maintain a safe system of working operations. It received another guilty charge of failing to provide adequate information, instruction and training.
Back in February 2022, the 22-year-old worker was reaching for the lid of a takeaway container on a high shelf when her hair became entangled in the spinning cog at the top of the store’s rotisserie machine.
The worker, clearly distressed from the incident, yelled for help before a co-worker activated the emergency stop button. A hairdresser from a neighbouring business was able to come over to the store and cut away the entangled hair from the machine. As a result, the worker lost a significant amount of hair and suffered swelling to the head.
After the incident, the worker was taken to the hospital and spent two weeks off work.
WorkSafe investigators spoke to the injured worker and the co-worker, who said that a training night held by the business after the incident was the first time they became aware of said training, and the existence of workplace policies and procedures and their location in the workplace.
The conclusion drawn was that it was reasonably practicable for the company to have provided and maintained a safe system that required staff to wear personal protective equipment, namely hairnets and/or securing long hair in a bun, and not store takeaway containers on a shelf above the rotisserie machine.
It was also found that information, instruction and training should’ve been provided as it was necessary to ensure employees were implementing the system of work and aware of the risks when working in proximity to the rotisserie machine.
WorkSafe executive director of health and safety Sam Jenkin said there were no excuses for failing to manage the obvious risks that led to the incident, which could have been worse.
“A large cohort of workers within the hospitality industry are young and inexperienced, and, at the very least, they deserve proper training, instruction and supervision to do their jobs safely,” Jenkin said.
“Simple measures such as storing items away from danger areas and ensuring workers secured hair appropriately could have prevented a traumatic physical injury.”
Along with the $75,000 fine, the company was also ordered to pay $5,682 in costs.
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An employee is a person who has signed a contract with a company to provide services in exchange for pay or benefits. Employees vary from other employees like contractors in that their employer has the legal authority to set their working conditions, hours, and working practises.
Kace O'Neill
Kace O'Neill is a Graduate Journalist for HR Leader. Kace studied Media Communications and Maori studies at the University of Otago, he has a passion for sports and storytelling.
