Farm Operator Sentenced

A recent Victorian court decision has highlighted the consequences of inadequate machine guarding and unsafe work systems. In WorkSafe Victoria v Lemitech Pty Ltd [2026], a poultry farm operator was convicted and fined $325,000 following the tragic death of a worker who became entangled in a conveyor system.

The incident occurred in 2023 at a poultry farm that had recently installed a new manure conveyor system. While the system was designed to streamline waste collection, it introduced significant safety risks that were not properly managed. Workers were required to frequently check and adjust the conveyor’s tracking, which involved removing a guard covering the tail pulley, where moving parts can trap clothing or body parts.

Critically, these adjustments were often carried out while the conveyor was still running, using tools and with insufficient safeguards in place. Emergency stops and isolators were not located near the tail pulley, meaning workers could not quickly stop the machinery in an emergency. Visibility was also limited, so operators could not see if someone was working in a dangerous area.

On the day of the incident, the worker responsible for operating the system was found fatally injured after becoming caught in the tail pulley. The court found that the company had failed to provide a safe workplace and had relied too heavily on the original equipment supplier without implementing necessary risk controls.

The Court found that the company had significant deficiencies in its system of work and had unreasonably relied on an overseas supplier for the operation of the conveyor system.

The company was found to have failed to implement several key safety measures near the tail pulley, including:

  • Installing a fixed, interlocked guard with viewing windows that would have allowed workers to monitor belt tracking without removing the guard;

  • Providing a maintenance jog function, enabling the conveyor belt to operate at a slow speed or move only a short distance when the guard was removed; and

  • Fitting interlocked in-running nip guards over the tail pulley roller to prevent contact with moving components.

This case serves as a reminder to employers of their legal obligation to identify hazards, implement effective engineering controls, and ensure maintenance tasks can be performed safely. Proper guarding, lockout systems, and safe work procedures are essential to preventing similar tragedies.

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