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Court Summary - at a glance
- Ensure an effective risk assessment is undertaken by a competent person for machinery;
- Ensure any plant is adequately guarded to ensure there is no access to any crushing or trapping hazards;
- Ensure the provision of information, procedures and instructions for the operation of machinery;
- Ensure workers are adequately trained to use machinery and the purpose of safety measures such as guarding; and
- Ensure a safe system of work including regular inspection of machinery so that safety features such as guards are present and functional.
The victim was employed on a full-time basis by the Defendant as a fabricator/welder.
The victim had been carrying out work on a power press machine. The machine is used to punch and form the shape of a workpiece, such as steel or metal, by application of pneumatic pressure.
The victim walked past the press machine and on his way past reached in to the open tool holder to clear away some scrap metal. As he did so, part of his clothing or body caught the machine’s operating lever and this caused the machine to activate and begin a new punching cycle.
The victim’s left hand was caught and crushed between the closing parts of the machine’s tool holder and bedplate. He suffered serious injuries to his left hand resulting in the amputation of his index finger and partial amputation of his middle finger between the first and second joints.