Refobar Australia Pty Ltd
Incident description:
A supervisor was injured when her cotton glove was caught in a small plane ducting machine while assisting a machinery operator to remove wire which had become caught during its operation.
Investigation findings:
The investigation found that the defendants knew the cage guarding the machine had been left open and this was a tolerated practice.
It was also found that the defendants knew that this left the plant unguarded as they were the ones responsible for designing and modifying the machine. It was also found that workers had not been formally inducted in regards to written work procedures and practices for the machine.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)As a result of the incident the defendants installed interlocking devices, implemented written instructions and conducted a safety audit of the workplace.
Court result:
The defendant company was found guilty and fined $32,000. The company’s executive officer entered into a good behavior bond for 24 months, with recognisance set at $3000. No convictions were recorded for either defendant.
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Industry: |
Manufacturing |
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Defendant: |
Company: Refobar Australia Pty Ltd (ANZSIC code 2761) Executive officer: Soren Peter Hyllen Jensen |
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Date of offence: |
21 May 2007 |
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Location of offence: |
Narangba |
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Injury: |
Amputation of thumb |
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Offence: |
Grievous bodily harm |
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Court: |
Brisbane |
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Magistrate: |
Ms Wendy Cull |
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Legislation: |
Company: s.28(1) Workplace Health and Safety Act 1995 Executive officer: s.167 Workplace Health and Safety Act 1995 |
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Plea: |
Guilty |
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Decision date: |
24 November 2008 |
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Penalty: |
Company: $32,000 Executive officer: 24 month good behaviour bond, $3,000 recognisance |
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Maximum fine available: |
Company: $375,000 Executive officer: $75,000 |
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Investigation costs: |
$2,993 |
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Professional and legal costs: |
$750 |
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Court costs: |
$130.80 |
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In default period to pay: |
Twelve months to pay, in default levy and distress |
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Conviction recorded: |
No |
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CIS No.: |
64268 |
Visit the Workplace Health and Safety Queensland website for more information on:
- obligations when modifying plant
- safeguarding machinery and plant (PDF, 736kB)
- training staff as a control measure to mange risks.
