Furniture maker convicted over amputated finger

The vulnerability of young workers and a failure to properly manage the risks of high-speed saws have been highlighted in recent a case before the SA Industrial Relations Court.

East West Furniture was convicted and fined $14,400 after pleading guilty to two breaches of workplace safety laws, in failing to provide a safe workplace and failing to notify SafeWork SA of a notifiable work-related injury.

In March 2006, a 21-year-old male employee had a finger amputated by the exposed blade of a panel saw as he attempted to cut timber.

The court was told that the guard of the panel saw was not properly set, there was no hazard identification or risk assessment conducted on the use of the saw and there was no safe operating procedure for its use. It was also revealed that the employee was inadequately trained to safely use the saw, the managing director and foreman disagreed as to who was responsible for safety and SafeWork SA was not notified of the incident until 10 days later.

The man’s finger was re-attached after micro-surgery, but he said in a Victim Impact Statement that the finger remains sensitive and painful and his capacity to play drums, guitar and sport has been limited.

The defendant had its penalty discounted by 20% for contrition, cooperation and an early guilty plea.

“There was a clear legal and moral duty of care to this young worker that the employer failed,” says Michele Patterson, Executive Director of SafeWork SA. “Statistics show that young workers run a far greater risk of being hurt at work, and little wonder given the circumstances of this incident. Safe equipment and proper training are not negotiable. They are required by law to ensure all workers go home safely.”