Guard your machines and protect your employees

Employers are faced with pressures to meet deadlines and the expectations of their clients. On occasions, in order to fulfil these commitments, there may be the temptation to cut corners with respect to safety, but as the following court ruling summary points out, this is not a wise course to follow.

The New South Wales-based company, Lloyd A Cooper Pty Ltd, was under pressure to meet a production deadline and decided to use an unguarded and inefficient can-seaming machine, which required continual maintenance and employee intervention in order for it to function.

On the day in question, the guarding for the machine was removed for repair. An employee had her hand caught in the machine, which amputated parts of her fingers.

The WorkCover inspectors found that the machine was under maintenance; however, there were no ‘danger’ tags, electrical isolation or other measures in place to ensure that the machine was not used. Furthermore, the emergency stop button on the machine was covered by a can.

Justice Backman found that the employer was aware of the problems of the machine and continued to operate it at the expense of the employee’s safety in order to meet a production deadline. There was an obvious foreseeable risk to the safety of the employee using the machine.

In determining a sentence, Justice Backman took into account that, after the incident, the employer had the machine and relevant guarding fixed and implemented an OHS management system, showed contrition and cooperated with WorkCover. The employer was fined $82,500.

The lessons to be learned from this incident and court ruling are:

• Employers should never cut corners when it comes to safety, it is not worth it to meet deadlines.
• Machines that are not operational and require maintenance should not be used, especially where the employer is aware of the state of the machine.
• Appropriate guarding should be placed on all machines. However, where the machine requires maintenance, a ‘danger’ tag should be attached and the machine is to be isolated from electricity so that it cannot be operated until it is safe to do so.
• Employees are required to be trained in how to safely operate machines.

*Andrew Douglas is the founder, principal lawyer and managing director of Douglas Workplace & Litigation Lawyers.