A serious injury to one of its employees recently led to an Australian employer being levied with a significant fine.
The Industrial Court fined an Adelaide company $51,000 plus legal fees after an employee suffered the amputation of three fingers in a woodworking machine.
SafeWork SA prosecuted Softwoods Timber Yards Pty Ltd under the Occupational Health, Safety and Welfare Act 1986 for failing to ensure the safety of its employees by providing safe machinery, safe systems of work and appropriate training.
In November 2011, a 27-year-old employee was operating a spindle moulder machine to shape a timber post for a pergola when the blade caught, pushing the timber backwards. The employee’s left glove was caught, dragging his hand into the blade and resulting in the amputation of three fingers and crushing of his thumb. The man has been unable to return to work.
SafeWork SA Executive Director Bryan Russell recently reminded all South Australian employers to assess their equipment and work methods to ensure safe work practices, supported by thorough training for workers.
Majority of Injuries are Preventable
“Most injuries can be prevented by simple measures including worksite inspections, safe work procedures and training,” Russell said. “Invest the time to make your business safe and to keep it injury-free.”
The employee informed the court that his injuries resulted in a permanent physical disability as well as psychological injury, as he suffers from major depression, anxiety, stress and posttraumatic stress disorder.
In his ruling, Magistrate Michael Ardlie noted that Softwoods Timber Yards’ occupational health and safety systems were not comprehensive and did not include the spindle moulder machine, which lacked safety guards or other measures to minimize access to the blade.
Magistrate Ardlie also noted Softwoods Timber Yards’ immediate and appropriate response to the incident, including reviewing its operations across all sites and retaining the services of a work health and safety professional to conduct comprehensive training.
The company faced a maximum penalty of $300,000.
The court, however, 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 Kori Shafer-Stack, Editor, Amaxx Risk Solutions, Inc. is an expert in post-injury response procedures and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. www.reduceyourworkerscomp.com. Contact: [email protected].
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