A serious injury to an employee recently resulted in a significant fine for one Australian employer for inadequete work place safety.
The Industrial Court recently fined Improved Timber Pty Ltd $28,000 plus legal fees after the worker’s finger was severed in a machine that had no guard in place. SafeWork SA prosecuted the manufacturer under the Occupational Health, Safety and Welfare Act 1986 for failure to ensure the machinery was in safe condition for workers.
In February of 2012, the worker was operating the docking saw under supervision. The worker was holding the timber in place when the blade caught his hand, thereby leading to two-thirds of his left index finger being severed. The worker required 10 weeks of recuperation time off work.
In his recent decision, Magistrate Stephen Lieschke stated that the hazard could have been eliminated or reduced if there had been a guard over the saw or other operational controls.
Guard & Controls Have Been Installed Since Injury
According to Lieschke, Improved Timber had installed a guard and other controls since the incident and operators are no longer at risk or injury.SafeWork SA Executive Director Bryan Russell reminded employers to carry out hazard and risk assessments on machinery and tasks.
“The Industrial Court’s decision reminds all employers of their duty of care to prevent a worker suffering an injury,” stated Bryan Russell, executive director of SafeWork SA.
The employer was looking at a maximum penalty of $300,000. The court recorded a conviction and imposed a total penalty of $35,000, with a 20 percent reduction due to Improved Timber’s guilty plea, cooperation with SafeWork SA and statement of responsibility and contrition.
Author Michael B. Stack, CPA, Director of Operations, Amaxx Risk Solutions, Inc. is an expert in employer communication systems and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. He is a writer, speaker, and website publisher. www.reduceyourworkerscomp.com. Contact: mstack@reduceyourworkerscomp.com.
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