In April 2009, the SAIRC in Hillman v Paperlinx Australia
Pty Ltd [2009] SAIRC 31 convicted and fined an employer for
failing to ensure that an employee was safe from injury and risks
to health while at work, in breach of section 19(1)
Occupational Health and Welfare Act 1986 (SA) (OHW
Act). The defendant, Paperlinx Australia Pty Ltd
(Paperlinx), carried on business as a stationery
products manufacturer.
An employee of Paperlinx, Mark Barton (Barton),
was injured when his right hand became trapped between two
unguarded rollers in a printing machine which were 15 to 20mm
apart. The injury occurred when Barton was attempting to remove
twisted paper from the rollers while the machine continued to
operate at normal running speed. Barton suffered a crush and
degloving injury to his dominant right hand as a result of the
incident. The charge was based upon two failures by Paperlinx:
firstly, a failure to provide plant in a safe condition and
secondly, a failure to provide