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Court Summary - at a glance
- When carrying out a hazard and risk assessment, ensure the appropriate safety control measures are identified for the significant hazards presented by a heavy door, in particular the hazard of the closing motion of a rise and fall door;
- Ensure a safety pin locking device or restraint system is installed to prevent the dropping of the door while an employee is working under it;
- Ensure a manual control of the motion of a descending door is a “hold-to-run” type so that it stops immediately if hand pressure on the control button or lever is released; and
- Ensure that a toggle switch for a manual control of a machine is properly shrouded, or a recessed push button control is used, to prevent inadvertent activation.
The Defendant owns a stun box which is used in Halal slaughter of animals. When animals enter the stun box, an electrical current passes through the skull stunning the animal. The animal is then pushed out onto the slaughter table which is a long conveyor. The stun box operator controls the opening and closing of the doors on the stun box.
On the day of the incident, the victim was carrying out Halal slaughtering by cutting the throats of stunned cows. One cow fell into an unusual position with its head under the stun box door. The victim then jumped onto the table in attempt to re position the cow to carry out the slaughter. When the stun box operator attempted to pass a captive bolt gun to the victim, the door closed, crushing the victim.
The victim suffered two broken femurs, fractures to the lower back, a stroke as a result of his injuries and memory loss.