Fine over injury on unguarded machine

Trebla Nominees, trading as Alby Turner & Son, and supervisor David Andrew Martin both pleaded guilty to breaches of the Occupational Health Safety and Welfare Act 1986, regarding the safety responsibilities of employers and employees.

In 2007, two male employees aged 17 and 18 were working at the company’s premises on an edge-banding machine that trims the edges of timber panels and laminates strips to the edges.

While attempting to correct a production problem, the two employees opened a panel to inspect the inner workings. As one of them pointed to the possible source of the problem, his finger came into contact with a blade spinning at high speed.

The section of finger lost was unable to be surgically reattached, but the young man returned to work five months later and remains employed with the company.

Unbeknown to either workers or management, the supervisor, Martin, had disabled the interlock switches with masking tape three months prior. The switches were designed to cut power to the machine when the panels were opened.

Following its investigation, SafeWork SA told the court that the employer failed to provide and maintain a safe operating procedure for adjusting the machine; it failed to maintain the machine in a safe condition, given its interlocks were disabled; the system for maintaining and inspecting the machine was inadequate; and there was insufficient training, instruction and supervision for the operator.

The court heard the supervisor had 20 years' experience as a qualified cabinetmaker and, under the law, his actions were attributable to the company, given his “high level of responsibility for production and safety”.

Industrial Magistrate Stephen Lieschke said the supervisor’s actions contributed to the injury suffered by the worker and the risk of injury to the other youth: “… he ought to have been aware of the important safety purpose of the interlock switches and aware that he was creating a risk of serious injury by interfering.”

Trebla Nominees was convicted and fined $16,800 for breaching section 19(1) of the Act in failing to ensure that its employees were safe from injury and the risk thereof at work.

Martin was convicted and fined $2400 for breaching section 21(1a) of the Act for failing to take reasonable care to avoid adversely affecting the safety of other employees at work. For their early guilty pleas, cooperation and contrition, both defendants had their fines discounted by 20%.