A & L Industries Pty Ltd

Incident description:

On 22 September 2008 a worker was injured when he and a co-worker were cutting polyvinyl chloride (PVC) pipes using a Holytek saw fitted with a circular blade about 20 inches in diameter.

To start the saw, the operator was required to depress two buttons with a finger from each hand. If either was released the blade would retract down below the bed of the saw bench.

The operation of the saw was usually a one-person job, but it was not uncommon for another worker to measure the first pipe to make sure it was the correct length and then remain and remove the pipe as it was cut. The tape measure used for this task would be located on top, or to the side of, the right-hand guard of the saw. On the occasion of the incident, it was located behind the right-hand guard.

Fixed guarding to the right and left of the saw blade provided some protection against body parts entering the saw danger zone, but there were no measures in place to prevent the entry of a person's hand into this hazard area.

The assisting worker's left hand contacted the rotating saw blade when he reached through the left-hand side guard to get the tape measure, not realising the saw was engaged by the operator.

In training for the operation of the saw, employees were specifically warned not to put hands near the saw blade when in operation.

The defendant had not devised any safe work method in circumstances where a second worker may assist the cutting process. Other than general instructions, there was no written instruction provided to workers involved in a two-person operation.

A documented risk assessment conducted prior to the incident specifically considered 'the hazard of contact with moving parts of the plant during inspection, operation, maintenance, cleaning or repair of the plant'. It found there to be no risk.

The Plant Code of Practice 2005, references two relevant Australian Standards for this incident:

• AS 4024 - Safety of Machinery
• AS 1473- Wood Processing Machinery - Circular Sawing Machines.

AS 4024.1 references openings in guards - fixed guard section 8.2.1.2 states that 'when it is necessary for work to be fed through the guard, openings shall be sufficient only to allow passage of material and not allowbodily access to the danger zone'.

AS 1473 states in part at section 5.2.5.2 that 'any openings in this fixed guard to allow workpiece loading or unloading shall be in accordance with AS 4024.1'.

Court result:

The defendant pleaded guilty in the Caboolture Industrial Magistrates Court on 12 June 2009 to breaching s.24(1) of the Workplace Health and Safety Act 1995, having failed to meet its workplace health and safety obligations and was sentenced with no conviction recorded.

Industrial Magistrate Mr Stephen Guttridge fined the defendant $20 000 as well as ordering investigation and court costs totaling $1240.39.

In deciding the penalty imposed Industrial Magistrate Guttridge took into account the defendant had not been prosecuted previously for any workplace health and safety breach, cooperated with the investigation and entered an early plea of guilty.

Considerations for prevention:

When working in the manufacturing industry where there is exposure to risks from rotating saw blades or machinery parts, obligation holders should apply a risk management approach to ensure the selection of suitable control measures.

Risk management involves evaluating the consequences and likelihood of harm that may result from the hazard, deciding on and implementing control measures to prevent or minimise the level of the risk from the hazard and monitoring the effectiveness of the control measures to ensure they remain working correctly.

When deciding on and implementing control measures associated with the risk of moving parts, obligation holders should consider isolation and/or physical guarding controls.

Visit the Workplace Health and Safety Queensland website for more information on:

• health and safety information for manufacturing
• manufacturing 
• training staff and using control measures to manage risks associated with workplace hazards 
• Guide to safeguarding common machinery and plant  (PDF, 736kB)
• Plant Code of Practice 2005
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.