Seamarc Constructions Pty Ltd

Incident description:

On 7 March 2009 a 20 year old worker sustained laceration injuries to his left hand after being struck by the rotating blade of a seven-inch electric circular saw.

The court acknowledged Seamarc Constructions Pty Ltd operated a small construction company, specialising in the construction of low rise residential buildings.

The court found the defendant held obligations under s.28(1) of the Workplace Health and Safety Act 1995 being an employer of the worker, an apprentice carpenter.

The investigation findings presented to the court revealed the defendant did not identify the hazard associated with ‘ripping’ timber and had not conducted a proper risk assessment for the task. The defendant did not provide formal training to the injured worker, on or prior to incident.

Court result:

The defendant pleaded guilty in the Maroochydore Industrial Magistrates Court on 26 March 2010 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 Tom Killeen fined the defendant $15 000 as well as ordering investigation and costs of court totaling $2082.04.

In reaching a decision the Industrial Magistrate acknowledged the defendant failed to undertake a proper risk assessment for the task of ripping timber and failed to provide formal training to the injured worker in the safe use of the machine when carrying out that task.

In deciding the penalty Industrial Magistrate Killeen took into account the defendant had not been prosecuted previously for any workplace health and safety breaches, cooperated with the investigation, was a small corporation and had entered an early guilty plea when ordering no conviction be recorded.

Considerations for prevention:

When working in the construction industry where there is exposure to risks from the hazard of rotating saw blades on plant, obligation holders should apply a risk management approach to ensure the selection of suitable control measures.

Risk management involves identifying the hazards, 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 injury to workers from rotating saw blades on plant, obligation holders should consider the Code of Practice for Risk Management 2007 and the Plant Code of Practice 2005.

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

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