Latest Injuries & Incidents
Iron Foundry fined $51,000
The Industrial Court has fined an iron casting foundry $51,000 plus legal fees 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 & 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, A/Executive Director, SafeWork SA. "Preventing injuries and incidents in the workplace is not merely a matter of establishing policies and procedures, but of remaining vigilant on an ongoing basis."
The court heard that on 30 March 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 on Wednesday, Magistrate Michael Ardlie said: "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."
Magistrate 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 per cent reduction to $51,000 for the defendant’s early guilty plea, demonstration of contrition and cooperation with SafeWork SA.
Referenece: Safe Work SA www.safework.sa.gov.au
Companies fined $160,000 after man caught in conveyor
Two companies have received fines totalling $160,000 after a worker suffered serious injuries when his arm became trapped in a conveyor at a fertiliser factory.
Incitec Pivot Limited and labour hire company Skilled Group Limited both pleaded guilty at the Geelong Magistrates’ Court this week to failing to provide a safe workplace. Incitec Pivot was convicted and fined $90,000 and Skilled Group was convicted and fined $70,000.
The court heard that Skilled had sent its employee to Incitec’s factory at North Shore, near Geelong, in June 2011. His job was to ensure that the conveyor belts carrying the fertiliser operated efficiently.
But after less than one month on the job, the worker was injured when attempting to clear a build-up of fertiliser from a moving overhead conveyor belt using a shovel. When the man’s shovel got caught, his arm and shoulder were dragged into the conveyor, leaving him trapped and suspended for several minutes.
The court was told the worker suffered a serious and permanent injury to his left shoulder and was still recovering nine months after the incident.
A WorkSafe investigation found it was common for workers at the factory to chip fertiliser off moving conveyors with shovels, hammers and crowbars. The court heard that Incitec had relied on a “buddy system” to train the injured worker.
But one of the man's “buddies” also thought it was ok to chip fertiliser off a moving conveyor, and another had only worked there for two weeks.
In her sentencing, Magistrate Ann McGarvie said: "A buddy system only works if your buddy is telling you the right thing to do. Here, that didn't happen."
The court heard it was unnecessary for the workers to chip off the fertiliser since that was supposed to be done during production breaks with the conveyors turned off. But nobody told the workers that or supervised them properly. The court heard that the labour hire company Skilled had failed to determine the nature of the work its employee would be doing at the factory and it had not checked that Incitec had properly trained him for the job.
WorkSafe’s Regional Director, Adam Rogers, said employers had a legal obligation to provide a safe workplace.
“We hope this case serves as a wake-up call for employers, managers and supervisors to recognise their added responsibilities and make sure their risk assessment, training, and supervision practices reflect this,” he said.
Referenece: Worksafe VIC www.worksafe.vic.gov.au
