Golden Mile Orchards has pleaded guilty in the Donnybrook Court of Petty Sessions to charges of failing to adequately guard a machine and failing to report a notifiable injury.
The company was fined $5,000 for the guarding offence and $3,000 for the failure to report an injury offence.
A Golden Mile Orchards employee sustained a sever laceration to his left hand when it came into contact with a circular saw blade that was not adequately guarded.
It did not report the incident to WorkSafe until almost a year later and it was only reported when an improvement was served that required the employer to do so.
The sad irony of the case is the injury to the worker – which had him certified unfit for work for six weeks – could have been prevented if the employer had ensured the saw was fitted with a guard that cost less than $40.
Manufacturers of machinery are legally required to ensure plant and machinery is designed in such a way that operators are protected from injury and employers and operators are under an obligation to leave guards and other safety devices in place when machinery is being operated.
Guards should be designed to protect the user but allow access for maintenance and should not be removed unless the machine is stopped and isolated from the power source and locked out.
The Occupational Safety and Health Act requires that WorkSafe be notified of certain types of injuries that occur in the workplace including:
- A fracture of the spine, skull or pelvis;
- A fracture of any bone in the arm, other than the wrist arm or hand or in the leg or other than a bone in the ankle or foot;
- An amputation of an arm, hand, finger, finger joint, leg, foot, toe or toe joint;
- The loss of sight in an eye; and
- Any other injury which, in the opinion of a medical practitioner, is likely to prevent the employee from being able to work within 10 days of the day on which the injury occurred.
