Crushed arm results in $26k fine

A metal fabricating company has been convicted and fined by an industrial magistrate following an incident in which an 18-year-old worker had his arm trapped by machinery.

Brice Metals Australia had pleaded guilty to breaching section 19(1) of the Occupational Health, Safety and Welfare Act 1986, in that it failed to provide and maintain safe systems of work and failed to provide plant in a safe condition.

SafeWork SA prosecuted after investigating an incident in February 2008 at the company’s Cavan premises in which the young labour-hire worker had his arm caught in a machine used to cut metal coils.

The court heard that the machine had been switched off from automatic mode and the worker had tried to manually tighten some loose coils, when a coworker reactivated the machine.

As a result, the worker sustained injuries to his left forearm, including a broken bone, tendon and nerve damage, resulting in permanent disability to the arm.

SafeWork SA submitted that the company failed to develop an adequate safe operating procedure for the machine when operating in manual mode, and that it failed to have in place adequate control measures to prevent access to the unguarded moving parts of the machine while it operated in manual mode.

Industrial Magistrate Michael Ardlie said that, while safety procedures were in place, “… they did not anticipate the precise confluence of circumstances that resulted in the injury …”

In imposing a $26,250 fine, Magistrate Ardlie noted the company’s contrition, prior good record, cooperation with investigators and remedial action to prevent a recurrence.

SafeWork SA says such incidents highlight the ongoing risk of harm in the manufacturing industry.

“Employers must be alert for any work practices that arise from unusual or rare situations,” says Executive Director Michele Patterson.

“It is vital that managers and supervisors act quickly and decisively to identify the potential sources of harm that may result from such exceptions, and render them safe.”