J. & M.D. Milligan Pty Ltd
Incident description:
A worker was injured when operating a ‘hydrocrop’ machine to punch pieces of flat steel plate. The front part of the support table had been removed and the size of the plate was smaller than the area of the punching section. This prompted the worker to hold the pieces of steel plate with his fingers in close proximity to the moving parts of the punch. As the machine punched one of the pieces of steel plate and the punch retracted, the worker’s left index finger became trapped between the rising steel plate and the stripper plate above. The worker sustained loss of skin to the underside of his finger and complete loss of his fingernail.
Investigation findings:
The machine is provided with set stops on the support table to eliminate the need to hold the steel by hand, but the front part of the support table had been removed. A representative of the machine supplier inspected the machine as it was at the time of the incident and found the back guard and part of the front guard to the punching section had been removed and rollers that support the front and rear guards on the steel plate and prevent fingers from being underneath had been removed. A nip point hazard was created because, contrary to the manufacturer’s instructions, the gap between the stripper plate and the steel plate was not adjusted down to the minimum clearance of 1mm.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)After the incident, the company:
- engaged the machine supplier to assess the plant and provide advice
- prepared a work and maintenance procedure for the machine
- provided additional training to all users of the machine
- prepared a safe work method statement for the machine
- designed a tool to hold smaller plates within the punch area.
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 1.16 Guarding, part 5.4 Operation, part 5.7 Plant with moving parts and part 5.22 Instructing, training and supervising workers. Australian Standard 4024 Safety of Machinery should also be considered.
Court result:
Milligan was found guilty and fined $20,000 with a conviction recorded.
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Industry:
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Iron and steel manufacturing
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Defendant:
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J. & M.D. Milligan Pty Ltd (ABN 80 010 470 514)
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Date of offence:
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15 August 2006
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Location of offence:
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Deception Bay
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Injury:
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Loss of skin and nail of finger
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Offence:
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Bodily harm
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Court:
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Caboolture Industrial Magistrates Court
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Legislation:
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s.28(1) Workplace Health and Safety Act 1995
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Plea:
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Guilty
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Decision date:
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13 November 2007
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Penalty:
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$20,000
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Maximum fine available:
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$375,000
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Investigation costs:
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$1,718.75
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Professional and legal costs:
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-
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Court costs:
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$65.40
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In default period to pay:
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6 months, in default levy and distress
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Conviction recorded:
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Yes
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CIS No.:
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E52332
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