Court Case a Reminder to Guard Machines and Report Workplace Injuries
May 3, 2007
A farmer from the Shire of Chapman Valley near Geraldton has been fined a
total of $4000 for failing to adequately guard an item of machinery and
failing to report an injury to WorkSafe.
Talmalmo Holdings Pty Ltd was found guilty in the Geraldton Magistrates
Court yesterday. The company was fined $3000 for failing to guard the
machine and $1000 for the failure to notify an injury.
In November 2005, a German backpacker employed by Talmalmo to undertake
harvesting work was using a grain cleaner to separate grains of different
sizes and remove contaminants.
The grain cleaner incorporated an auger, and the man reached into a section
of the auger with moving parts and suffered amputation and partial
amputation of the third, fourth and fifth fingers of his right hand.
The employer was aware of notification responsibilities because his son had
suffered a notifiable injury some years before which was investigated by
WorkSafe, but he did not report the injury until December.
A WorkSafe inspector visited Mallee Farm as part of the investigation into
the November 2005 incident, and in the course of his investigation, observed
a tractor with a front-end loader attachment that had an unguarded power
take-off.
The lack of this guard exposed operators to the hazard of being entangled in
the moving parts and the risk of serious injury.
WorkSafe WA Commissioner Nina Lyhne said the case served as a reminder of
the extreme importance of guarding the dangerous moving parts of machinery.
"In this case, a young visitor to this country lost some of his fingers
because the employer failed to ensure his safety by guarding the dangerous
parts of the machine he was using," Ms Lyhne said.
"Guarding of machinery has been required by occupational safety and health
legislation for many years, and it is one of the easiest and most obvious
means of minimising the risk of injury to machinery operators.
"Guarding need not be expensive, and the cost will always be far less than
the cost in human and economic terms of a serious injury to a worker.
"We have also had concerns for some time about the low level of reporting of
injuries, and it is important that employers make themselves aware of their
reporting obligations.
"When injuries are reported within a reasonable time period, a WorkSafe
inspector can conduct an investigation with the aim of preventing similar
incidents in the future."
Further information on guarding of machinery can be obtained by telephoning
WorkSafe on 08 9327 8777 or on the WorkSafe website at
www.worksafe.wa.gov.au
Injuries and other incidents can be reported by telephone on the Incident
and Accident Reporting Line on 1800 678 198, or by faxing the prescribed
form to WorkSafe on 08 9321 7989 or via the WorkSafe website
Source: DOCEP
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