Issue Date:  -  Monday, 12 July 2004

Court case highlights guarding and reporting incidents

A recent court case has prompted WorkSafe to issue a further reminder on the importance of guarding machinery and reporting injuries.

Golden Mile Orchards pleaded guilty in the Donnybrook Court of Petty Sessions last week to charges of failing to adequately guard a machine and failing to report a notifiable injury.

A Golden Mile Orchards employee sustained a severe laceration to his left hand when it came into contact with a circular saw blade that was not adequately guarded.

The employer did not report the incident to WorkSafe until almost a year later, and it was only reported when an improvement notice was served that required the employer to do so.

WorkSafe WA Commissioner Nina Lyhne said today that she was disappointed that the messages on guarding and reporting did not seem to be getting through.

“It’s a concern that we have to continue to prosecute employers over injuries that could so easily have been prevented,” Ms Lyhne said.

“And failure to report these injuries can also carry hefty penalties, so employers need to be aware of their reporting obligations.

“In this particular case the circular saw was not guarded at all, and this injury would not have happened if the employer had simply ensured that the saw was fitted with a guard that cost less than $40.00.

“Guarding is the oldest and most easily understood method for minimising the risk of injury to machine operators, and it has been required by occupational safety and health legislation for a long time.

“The employer failed to report the injury even though the injured man’s medical certificate said he would be unfit for work for six weeks.”

Manufacturers of machinery are legally required to make sure that plant and machinery is designed in such a way that operators are protected from injury, and employers and operators are under an obligation to leave guards and other safety devices in place when machinery is being operated.

Guards should be designed to protect the user but allow access for maintenance, and should not be removed unless the machine is stopped and isolated from the power source and locked out.

The Occupational Safety and Health Act requires that WorkSafe be notified of certain types of injuries that occur in workplaces, including:

• A fracture of the spine, skull or pelvis;
• A fracture of any bone in the arm, other than the wrist or hand or in the leg, other than a bone in the ankle or foot;
• An amputation of an arm, hand, finger, finger joint, leg, foot, toe or toe joint;
• The loss of sight in an eye; and

Any other injury which, in the opinion of a medical practitioner, is likely to prevent the employee from being able to work within 10 days of the day on which the injury occurred.

If an employee incurs any injury or disease that results in death, or if any of the above injuries are sustained, the employer must notify the WorkSafe WA Commissioner.

“The Golden Mile Orchards court case highlights two very important workplace issues – guarding of machinery and the reporting of injuries,” Ms Lyhne said.

“It is absolutely crucial that the moving parts of machinery are adequately guarded, and I urge everyone in the workplace to ensure that this is done.

“The reporting of injuries is also a vital part of the occupational safety and health system in WA, and employers should make reporting an important part of their business practices.”

Further information on machinery guarding and injury reporting can be obtained by telephoning WorkSafe on 9327 8777 or on the website at www.safetyline.wa.gov.au.