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Refobar Australia Pty Ltd

Summary

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.

Details
Industry:
Manufacturing
Defendant:
Company: Refobar Australia Pty Ltd (ANZSIC code 2761)
Executive officer: Soren Peter Hyllen Jensen
Date of offence:
21 May 2007
Location of offence:
Narangba
Injury:
Amputation of thumb
Offence:
Grievous bodily harm
Court:
Brisbane
Magistrate:
Ms Wendy Cull
Legislation:
Company: s.28(1) Workplace Health and Safety Act 1995
Executive officer: s.167 Workplace Health and Safety Act 1995
Plea:
Guilty
Decision date:
24 November 2008
Penalty:
Company: $32,000
Executive officer: 24 month good behaviour bond, $3,000 recognisance
Maximum fine available:
Company: $375,000
Executive officer: $75,000
Investigation costs:
$2,993
Professional and legal costs:
$750
Court costs:
$130.80
In default period to pay:
Twelve months to pay, in default levy and distress
Conviction recorded:
No
CIS No.:
64268

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