Labour company fined after Rasta Kemp killed at D&R Henderson in Benalla

The Wangaratta Magistrates Court on Monday heard Rasta Kemp became entangled in a machine at D&R Henderson on May 30, 2019.

His role was to pull timber from belts on a moulding machine and stack them.

Mr Kemp was dragged into a rotating shaft at the timber mill about 12.10pm and was rotated before being pinned against a metal upright.

The 24-year-old father died at the scene.

The court heard there were inadequate guards on the equipment.

His partner Ebony Clark listened as magistrate David Faram detailed failures of Recruitment Select Pty Ltd, which placed him at the factory, to keep him safe.

Mr Kemp had been working at a cut-to-size section of the factory from February 2018 before being transferred to an area known as the dry mill about three months before the incident.

Recruitment Select failed to monitor the risk to Mr Kemp at the workplace, including whether his role had changed and new risks had emerged.

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Mr Faram noted labour hire companies must take positive steps to ensure the safety of workers with an obligation to monitor and supervise their work.

He said the breach was significant given the risk of harm, including death.

"Indeed that risk did eventuate," Mr Faram said.

The not-for-profit company doesn't have any priors and is of otherwise good character.

Mr Faram imposed a $50,000 fine on Recruitment Select without conviction and ordered it pay $10,438 in costs.

D&R Henderson is also facing charges.

The company will return to court on August 5.

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