Brush manufacturer fined after worker injured

According to SafeWork SA, the Industrial Court has fined Rokset Industries Pty Ltd $26,250 plus legal fees after a worker’s finger was caught 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 provide and maintain plant in a safe condition. In his decision, Magistrate Michael Ardlie said Rokset Industries had demonstrated contrition by its actions, including an early guilty plea and making the effort to keep the worker employed despite closing its manufacturing business.

On 3 March 2011, the worker was operating a brush-making machine and put his hand in the machine to clear some fallen bristles. His right middle finger became caught in moving machinery and was broken and lacerated. He required an operation and ongoing physiotherapy, and has not regained full movement above the knuckle.

“This company has been operating for decades without incident, and there were other guards in place, as well as appropriate signage,” said Bryan Russell, Executive Director of SafeWork SA.

“However, this man’s injury reminds all employers of their duty of care to prevent a worker suffering an injury.”

The court was told that Rokset Industries had implemented a number of protective measures on its machines even though it was on the verge of closing its manufacturing business. However, a guard was not yet in place on the part of the machine where the incident occurred.

“The defendant does not ignore the issue of safety,” Magistrate Ardlie said in his decision, noting that there were safe operating procedures for the machine and there were guards on other parts of the machine.

He said the worker’s action was “somewhat foolhardy” but that the employer was ultimately responsible for taking precautions to prevent an employee suffering an injury.