John Edward Haines avoids fine over Toowoomba abattoir safety breach

A Darling Downs abattoir worker who almost lost his finger on the job has pleaded guilty to breaching workplace health and safety laws.

John Edward Haines has been sentenced for failing to comply with workplace health and safety procedures. Photo: Lyndon Mechielsen/FILE

A former Darling Downs abattoir worker has pleaded guilty to failing to comply with workplace health and safety procedures, despite a court being told that his employer contributed to the breach.

In July, Toowoomba Magistrates Court was told that two months before the incident occurred in early 2023, the worker, John Edward Haines, was involved in a more serious incident.

Workplace Health and Safety prosecutor Rhys Dunmall told the court that Haines’ finger was de-gloved when he tried to clear an auger in the rendering section of an abattoir.

Mr Dunmall said that not long after the incident and subsequent training, the 48-year-old again lifted the guard off an auger while it was operating, which was the subject of the charge.

The court was told the machine was used to process animal parts, and Haines lifted the guard to put in material that had been spat out.

If John Edward Haines does not commit another WPHS breach in the next nine months he will be cleared of the breach.

Although he was not injured, Mr Dunmall said he could have been entangled or killed.

Pictures of the machine were tendered to the court, showing the guard had a padlock, and magistrate Kay Philipson asked Mr Dunmall whose responsibility it was to lock the guard.

Mr Dunmall said the Workplace Health and Safety was of the view that the company Haines worked for also breached the law by not properly securing the dangerous machinery.

He said WPHS would be taking action against the company in a few months.

Ms Philipson said it seemed like the company was at fault because workers shouldn’t be able to lift the guard, however Haines should have known better, given his recent injury.

She said given the stress, time crunch, and alleged verbal abuse Haines was under by his supervisors, provided some context to his actions at the time.

Rather than fine the father between $5000 to $10,000 as submitted by Mr Dunmall, Ms Philipson sentenced Haines to a good behaviour order for nine months, after taking into account the role his employer allegedly played, and no conviction was recorded.

She said Haines was clearly remorseful, and noted there was no evidence before her to suggest he was ever given the opportunity to put his version of events forward to investigators who had relied on CCTV footage.

The court was told Haines’ pay was cut following the incident as he was moved to a low-level job, which forced him to find work elsewhere.

Haines was also ordered to pay the complaint and summons costs of $850.50.

Originally published as John Edward Haines avoids fine over Toowoomba abattoir safety breach