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Recruitment Select fined over Rasta Kemp’s death at D&R Henderson Benalla

The family of a “top bloke” killed at a Benalla timber mill has listened to the details of his last moments at work.

Rasta Kemp was killed in a horror accident at Benalla in 2018.
Rasta Kemp was killed in a horror accident at Benalla in 2018.

The family of a Benalla father killed in a workplace accident has been forced to listen to the details of his final moments at work.

Rasta Kemp, who had only just become a dad, died when he was pinned against a metal upright after being dragged into the unguarded shaft of a conveyor belt.

He had been trying to remove timber from a machine at the D&R Henderson timber mill at Benalla in May 2018.

The 24-year-old — remembered as a “top bloke”, a loved son and adored father of a toddler — died at the scene.

Employment agency Recruitment Select pleaded guilty to one charge of failing to provide and maintain a safe system of work at Wangaratta Magistrates’ Court on Monday.

The court heard the agency failed to monitor the timber mill worker when he moved to a new section of the factory.

Mr Kemp was assigned to D&R Henderson by the agency in February 2018.

Defence lawyer Sam Stafford argued it was up to the timber mill to tell the agency of his movements, which it failed to do.

Magistrate David Faram said the risks posed to Mr Kemp could have been reduced but the agency did not intentionally show disregard for their client’s safety.

“He’d been in the dry mill for three months, the risk posed was not remote and the gravity of the breach is high because the risk of serious injury or death was possible,” he said.

WorkSafe Executive Director of Health and Safety Julie Nielsen said the agency should have done more to assess the risks at the workplace.

“Labour hire agencies not only need to establish if a workplace is safe in the first place, they must continue monitoring their employee and consult with them on health and safety matters relevant to their job,” Ms Nielsen said.

“This includes making sure the host does not give their employees new or different tasks, especially tasks unrelated to their experience and qualifications.”

Mr Kemp’s family attended the online hearing.

In a social media post his mum said she was “very proud” to call him her son.

“I miss you more and more everyday, we love you so much,” another family member posted on Facebook.

Recruitment Select was fined $50,000 without conviction and also ordered to pay legal costs of $10,438.

D&R Henderson is also facing charges over the incident with a committal mention listed for August 5 at Wangaratta Magistrates’ Court.

Original URL: https://www.heraldsun.com.au/leader/goulburn-valley/recruitment-select-fined-over-rasta-kemps-death-at-dr-henderson-benalla/news-story/3b538ae7d52f866b6743d3903428a895