Tyzac's Eco by Design Pty Ltd

Incident description:

On 27 March 2009 a 22 year old worker sustained serious injuries when a four-inch angle grinder fitted with a multi-cutter blade that he was operating, 'kicked back' and struck his right forearm.

The court acknowledged Tyzac's Eco by Design Pty Ltd employed the injured worker as a carpenter to carry out renovations and additions to a single-storey commercial building.

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.

The incident occurred when the worker was cutting a hole for a vent in 12mm particle board at the back of a cupboard. A four-inch angle grinder fitted with a four-inch multi-cutter blade was used. The worker stood on the bottom rung of a step ladder to perform this task. The angle grinder 'kicked back' causing the multi-cutter blade to strike his right forearm. He sustained arterial, nerve, tendon and muscle lacerations to his right wrist and forearm.

The investigation findings presented to the court revealed:

• the injured worker was the owner of the angle grinder and multi-cutter blade and used them in the course of his employment with the defendant
• alternative tools owned by the defendant (including a hole saw and a jigsaw) were available but were not requested by the injured worker, nor offered by the defendant
• the grinder was being held with both hands, however the side handle was not fitted at the time
• the supervisor of the injured worker (also a director of the defendant company) directed the worker to cut the opening and was aware that he was going to use the angle grinder fitted with the multi-cutter blade
• the defendant had not carried out a documented risk assessment for a multi-cutter blade fitted to an angle grinder but knew it had potential to cause injury.

Court result:

The defendant pleaded guilty in the Pine Rivers Industrial Magistrates Court on 13 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 Mr Stephen Guttridge fined the defendant $37 500 as well as ordering investigation and court costs to be paid totalling $1823.44.

In reaching a decision the industrial magistrate acknowledged the defendant failed to manage the system of work for the hazards associated with, and the risks that flowed from the hazards associated with the use of an angle grinder fitted with a multi-cutter blade. The defendant also failed to decide on appropriate control measures to manage the risks that flowed from the hazards or otherwise manage the exposure to risks in accordance with section 27A of the Workplace Health and Safety Act 1995.

In deciding the penalty imposed the industrial magistrate took into account the defendant had not been prosecuted previously for any other workplace health and safety breaches, cooperated with the investigation and entered an early plea of guilty.

Considerations for prevention:

When working in the construction industry where there is exposure to risks from the use of powered hand tools, 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 appropriate control measures associated with risk associated with the use of powered hand tools, obligation holders should ensure:

• tasks are undertaken by suitably qualified and experienced workers
• a construction safety plan and a work method statement are completed by the principal contractor prior to the commencement of the project
• a site-specific induction cover the safety plan is provided for all workers prior to construction starting.

Control measures that may be considered when using powered hand tools include:

• wearing the appropriate personal protective equipment to suit the task
• ensuring the correct hand tool is used for the specific task designed and in accordance with the manufacturers instructions
• ensuring hand tools are well maintained and repaired if needed
• installing screens or barriers to limit access to the area if a hazard is apparent(e.g. sparks) 
• ensuring an accessible first aid kit is on hand in case of an emergency.

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

• Health and safety information for construction
• Building and construction guide (Orange book) (PDF, 432 kB)
• Building and construction
• Managing risk
• Safety plans and work method statements
• Hand tools
• General safety induction training fact sheet (PDF, 274 kB)
• Managing the safety of labour hire workers
• Personal protective equipment (PPE)
• First aid
• First aid rooms
• Employer training options
• Training staff
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.