Australian Timber & Trusses Pty Ltd

Incident description:

On 30 June 2008 a 16 year old worker sustained injuries, including amputation of his thumb, while operating a truss making machine.

The court acknowledged Australian Timber & Trusses Pty Ltd owned the item of plant known as a truss maker and employed the injured person as a casual jig operator.

The court found the defendant held obligations under s.28(1) of the Workplace Health and Safety Act 1995 being a person conducting a business or undertaking.

Investigation findings presented to the court alleged the defendant failed to ensure a fault found when using the truss maker in certain conditions was fixed. It also failed to ensure workers kept clear of the closing head of the truss maker. 

The investigation findings presented to the court revealed:

• the defendant had known since 2005 that a fault occurred while carrying out the secondary stroke of the truss maker's cycle
• the defendant sought to have the fault fixed on occasions by the machine's manufacturer, however it remained in service
• the defendant used administrative controls (standing one metre back from the heads prior to operating heads). This was not communicated to the injured person
• the defendant later found there was a loose wire which contributed to the plant malfunctioning.

Court result:

The defendant pleaded guilty in the Southport Industrial Magistrates Court on 23 November 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 Catherine Pirie ordered the defendant pay a penalty of $45 000 as well as investigation, professional and court costs totalling $3668.40.

In deciding the penalty imposed, Industrial Magistrate Pirie took into account the defendant had been prosecuted previously for a workplace health and safety breach. She noted the defendant cooperated with the investigation, entered a plea of guilty at an early stage, and that revised procedures were now in place.

Considerations for prevention:

(Commentary under this heading is not part of the Court's decision.)

When working in the manufacturing industry where there is exposure to risks from entrapment, 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
• 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 entrapment, obligation holders should consider eliminating the hazard or developing procedures to ensure the workers are not exposed to the hazard.

Control measures that may be considered when working with or near plant include:

• installing guards that comply with manufacturer's recommendations
• restricting access to the exposed area
• enforcing the use of personal protective equipment when operating plant
• scheduling periodic checks and maintenance of plant
• implementing a system of work to clearly identify plant that requires repairs
• installing safety stop/latches to restrict or stop the movement of plant in an emergency
• implementing an emergency action plan to ensure emergencies are dealt with efficiently and effectively.

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

• Retail and wholesale
• Health and safety information for retail and wholesale
• Managing risk
• Employer training options
• Training staff 
• Plant Code of Practice 2005
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.