ARTICLE · 29 MARCH 2012

Guard against OHS as well as workers compensation

Kott Gunning

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The machine supplier was found guilty of failing to ensure that the design and construction of the machine was safe.

AustraliaEmployment and HR

Joseph Di Rocco (Previously With Kott Gunning)

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Facts

In July 2008, an employee operating a wood chipping machine at a timber plantation in Mount Barker, Western Australia, lost his index, middle and ring fingers and his little finger was severely injured when his hand was struck by a rotating disk.

The incident occurred when the employee attempted to clear a blockage from the machine. No protective guard was fitted to the machine's overspout (designed to eject waste materials).

Decision

In February 2012, His Honour Magistrate Peter Malone found the supplier of the machine guilty of failing to ensure that the design and construction of the machine was safe, and by that failure, the supplier had caused serious harm to the worker.

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