On 1 August 2016, Judge Scotting reinforced that accepting early
responsibility and demonstrating genuine remorse will significantly
discount the penalty of a guilty plea, in the case of SafeWork NSW
v Freedom Foods Pty Ltd [2016] NSWDC 153.
The incident
On 28 July 2014 Mark Torbuck was employed as a Main Extrusion
Line Operator at Freedom Foods Pty Ltd (Freedom
Foods) and worked on the Flake Roller Machine (the
machine).
In attempting to clear a blockage, Mr Torbuck opened the rollers
of the machine, undid the clips securing the in-feed chute and
removed the chute. The machine was still operating while Mr Torbuck
balanced on top of it and the mobile work platform. With one hand
on the platform and the other clearing the blockage, Mr Torbuck
slipped and his hand fell into the rollers subsequently removing
the skin, tissue and tendons on his right hand (requiring
amputation of four fingers) as well as torn ligaments in his arm
and shoulder.
