Emphasizing workplace safety never gets old; employers must remember that even with a solid safety plan in place, it always should be reviewed. With that in mind, the Industrial Court recently fined a South Australian iron casting foundry $51,000 plus legal fees, this after an employee’s left index finger was partially amputated by machinery.
SafeWork SA prosecuted Intercast & Forge Pty Ltd under the Occupational Health, Safety and Welfare Act 1986 for failing to provide and maintain plant in a safe condition and failing to provide a safe system of work.
“While Intercast & Ft & Forge has an extensive safety regime in place, the worker’s injury is a reminder that plant and work processes must be regularly assessed for risks and that workers must be constantly alert,” said Marie Boland, executive director, SafeWork SA.
Hand Gets Caught, Top of Left Index Finger Amputated
The court was informed that on March 30, 2011, an employee was attempting to reposition a diverter bar mounted over a conveyor belt when his hand became caught between the bar and the moving belt, amputating the top of his left index finger.
The worker required surgery and hand therapy and is left with a permanent impairment. In his decision, Magistrate Michael Ardlie noted, “There are too many incidents involving employee’s fingers or hands becoming trapped in nip points,” and that a penalty and conviction would reinforce “the need to take care.”
Ardlie acknowledged that the company reacted appropriately after the incident by modifying the diverter bar so a similar incident could not occur and updated its Standard Operating Procedure for the machine. The defendant faced a maximum penalty of $600,000. The court imposed a fine of $85,000, with a 40 percent reduction to $51,000 for the defendant’s early guilty plea, demonstration of contrition and cooperation with SafeWork SA.
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: [email protected].
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