Amcor Packaging (Australia) Pty Ltd
Incident description:
A worker sustained a fractured wrist while cleaning a cardboard folder/gluer machine using a hose delivering compressed air. The machine was operating, and the worker's hand was caught in the moving parts of the machine.
WHSQ investigation findings:
The investigation found that the moving parts of the machine were unguarded, and the defendant relied on administrative controls, in the form of instructions, to manage the risk of injury.
Court result:
The defendant pleaded guilty and was fined $35,000. No conviction recorded. The magistrate took into consideration the defendant's early plea, previous good record, co-operation with the investigation and the steps it took to fix the issue when ordering that a conviction not be recorded.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)Obligation holders should conduct a risk assessment on machinery being used within the workplace and consider the use of engineering controls over administrative ones when deciding on options for controlling the risks identified. Installation of fixed guards that cover the moving parts of a machine will prevent workers from accessing the hazardous areas.
Obligation holders should ensure that workers who are at risk of injury when operating machinery are provided with information, instruction and training on the machines safe operating procedures and the risks identified.
Visit the Workplace Health and Safety Queensland website for more information on:
- safeguarding machinery and plant
- conducting risk assessments
- implementing controls or evaluating or monitoring them, and
- obligations which apply when modifying plant.
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Industry: |
Manufacturing |
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ANZSIC code: |
2333 |
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Defendant: |
Amcor Packaging (Australia) Pty Ltd |
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Defendant ACN: |
004 275 165 |
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Date of offence: |
1 August 2007 |
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Location of offence: |
Bohle |
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Injury: |
Broken wrist |
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Circumstance of aggravation: |
Grievous bodily harm |
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Court: |
Townsville Industrial Magistrates Court |
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Magistrate: |
Ms Stephanie Tonkin |
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Legislation: |
s.28(1) Workplace Health and Safety Act 1995 |
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Plea: |
Guilty |
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Decision date: |
12 December 2008 |
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Penalty: |
$35,000 |
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Maximum fine available: |
$375,000 |
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Investigation costs: |
$1,890.13 |
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Professional and legal costs: |
$750 |
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Court costs: |
$65.40 |
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In default period to pay: |
Three months to pay, in default levy and distress |
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Conviction recorded: |
No |
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CIS event no.: |
66774 |
