Pearce, Kevin

Incident description:

A worker was assisting in the cleaning and repair of a kitchen on a cattle grazing property. The worker was using a metal cut-off saw to cut timber studs for the kitchen wall. As she was cutting one of the studs, the blade ‘grabbed’ the timber and the timber pulled out of the clamp. The worker’s right hand contacted the blade. Her thumb required amputation.

Investigation findings:

The metal cut-off saw had been incorrectly fitted with a blade designed for cutting timber. However, a more significant factor was the use of a metal saw to cut timber. This is because the positioning of the clamp of the metal saw does not protect the user from the risk of the timber blade grabbing and propelling the timber out of the clamp. The farmer who had responsibility for supervising the worker:

• failed to provide and maintain safe plant
• failed to provide proper instruction, supervision and training for the safe use of plant.

Considerations for prevention:

Ensuring only blades designed for the saw and the type of material to be cut, together with the appropriate instruction training and supervision, would have prevented the injury.

Obligation holders should consider the requirements of section 27A of the Workplace Health and Safety Act 1995 which outlines obligations relating to risk management. They should also consider the requirements of the Plant Code of Practice 2005, in particular part 1.1 Risk management for design of plant, part 5.4 Operation and part 5.16 Modification and part 5.22 Instruction, Training and Supervising Workers.

Court result:

Pearee entered a plea of guilty and was fined $6,000 with no conviction recorded.

• Guide to machinery and equipment safety (PDF, 400kB)
• Information about the safe use of plant