Toorak Winery, a Riverina-based operation, was recently prosecuted after one of its cellarhands suffered fatal crush injuries while draining and emptying a potter fermentation tank. Despite being a first-time offender with a strong safety record, Toorak Winery was ordered by the Industrial Relations Commission of NSW (the Commission) to pay penalties of 125,000 dollar and also the prosecutor's legal costs. This prosecution and the comments of the Commission provide a further reminder of the serious consequences of failing to satisfy occupational health and safety (OHS) obligations and the importance of thoroughly assessing safety practices.
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