Dairy fined $20,000 over unguarded machine.
Issue Date: - Friday, 11 January 2008
A Capel cheese factory has been fined $20,000 for failing to provide a safe workplace after the tip of a worker’s finger was amputated by an unguarded machine.
Challenge Australian Dairy Pty Ltd pleaded guilty to failing to provide and maintain a safe workplace and, by that failure, causing serious injury, and was fined in the Busselton Magistrates Court this week.
In January 2005, an employee of Challenge Dairy noticed that cheese had built up on the edge of the door of one of the factory’s block-former machines.
The factory had two of these machines, which form cheese into blocks via several rams pushing cheese out through a door and up against a steel plate.
The employee involved had been shown how to clear the built-up cheese by scraping it away with a metal bar, but on this occasion he quickly reached into the door and scraped the cheese away with his fingers.
Before he could remove his left index finger, the ram moved back towards the door and trapped his finger between the ram and the door frame. The tip of his finger was amputated.
WorkSafe Acting Executive Director Gail McGowan said today that the message on machinery guarding appeared not to be getting through to everyone.
“It’s always disappointing when a court case comes up that involves a lack of guarding on machinery because guarding of moving parts has been required by law for a very long time,” Ms McGowan said.
“It is disturbing in this case to note that, only a month or so prior to this incident, another worker’s finger had been crushed in the same part of the same machine.
“He was fortunate enough to only have his finger bruised, but the employee involved in this incident was not so lucky.
“One would think that the previous incident would have had alarm bells ringing and motivated the employer to provide some guarding to prevent further injuries.
“In fact, within only three or four days of this incident, a clear perspex guard was fixed over the pinch points of both block-former machines in the factory, and a new work procedure introduced using high pressure water to clean off any build-up of cheese.
“If this guard had been fitted earlier, the worker would have been spared the pain of losing part of his finger in an incident that was readily preventable.
“This court case should serve as a reminder to all employers in control of workplaces containing machinery that they have a responsibility to ensure that moving parts of machinery are adequately guarded.”
Further information on machinery guarding can be obtained by telephoning WorkSafe on 9327 8777 or on the website at www.worksafe.wa.gov.au.