Unguarded machine costs company $111,000


Thursday, 07 April, 2016

A South Australian company has been fined $111,000 over a 2013 incident where a worker lost his arm.

The prosecution followed an incident on 16 October 2013, where a male employee for Gambier Earth Movers, who was operating a soil screening plant, reportedly tripped and caught his right arm in an unguarded tail drum.

The injury resulted in the worker having his arm amputated from the shoulder after being placed into an induced coma and airlifted to the Royal Adelaide Hospital for the life-saving treatment.

The Industrial Court found Gambier Earth Movers guilty of failing to comply with providing a primary duty of care and prosecuted the company under the Work Health and Safety Act 2012 (SA).

Gambier Earth Movers was also found guilty of failing to comply with its health and safety duty, thereby exposing an individual to a risk of death or serious injury or illness.

“This offence is an extremely serious breach of basic workplace safety laws, and was entirely foreseeable,” said Magistrate Leischke.

The magistrate indicated an initial fine of $185,000, which was reduced in recognition of the employer’s early guilty plea and the gesture of a partial reparation made to the injured worker.

SafeWork SA said Magistrate Leischke further highlighted the lessons learned in this case, stressing that the guarding of large and inherently dangerous machinery is fundamental to safety.

“This incident which could have cost a man his life was preventable,” said SafeWork SA Executive Director Marie Boland.

“This case should serve as a reminder that breaches of the state’s work health and safety laws come with severe penalties, not to mention the significant human and community costs of a serious injury like this one.”

For anyone concerned about work health and safety, contact SafeWork SA on 1300 365 255 or email help@safework.sa.gov.au.

Originally published here.

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