Pecuniary Penalties Claims Examples

Manufacturing Industry - Power Press

Breaches Involved

Sections 15(1) and 50 of the Occupational Health and Safety Act 1983

 

Case Details

A labour hire company and it's managing director were prosecuted after an employee lost four fingers whilst operating a power press.

The employee placed his hand into the die area of the power press in order to pull out caps. The die of the press closed and four of the employees fingers were severed.

The NSW Industrial Relations Commission found that the company's safety obligations were clearly identified in it's OHS policy. The policy stated that a company manager would inspect a site to ensure the equipment and work systems were safe before an employee was required to operate dangerous machinery.

The Industrial Relations Commission found the employer only paid 'lip service' to it's policy as there was no evidence that the company formally assessed the risks of the machinery.

It was also found that the employer did not give adequate training or instruction to it's employees in that it did not tell the employee not to put his hand into the die area in order to pull out caps. It was found that this should have been a primary piece of information to provide to the employee.

The Manager Director of the employer was found guilty for failing to ensure the OHS policy was entrenched within the company procedures.

 

Resulting Penalties

»  The company was fined $40,000 and ordered to pay prosecution costs.

»  The managing director of the company was fined $5,000

 

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