Sunshine Coast Regional Council

Incident description:

On 27 April 2009 a 55 year old machine operator sustained injuries when a quick cut concrete cutting saw kicked back towards him. The handle of the saw struck him on the left side of his face, resulting in a deep laceration on his cheek.

The court found Sunshine Coast Regional Council in the conduct of its business or undertaking held obligations under s.28(1) of the Workplace Health and Safety Act 1995, and was the employer of the injured worker.

Investigation findings presented to the court revealed:

• the worker was not wearing a full face shield at the time of the incident
• there were no full face shields available for use at the workplace on the day of the incident
• the requirement to wear face shields while operating quick cut saws was not enforced by the defendant's supervisor
• the defendant's own work method statement and operating instructions for the saw were not provided to the injured worker.

Court result:

On 25 August 2010 the defendant pleaded guilty in the Maroochydore Industrial Magistrates Court 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 Mrs Bernadette Callaghan fined the defendant $10 000 as well as ordering costs totalling $1985.40.

In reaching a decision the Industrial Magistrate acknowledged the defendant failed to ensure the injured worker wore the correct personal protective equipment (PPE) and failed to make the correct PPE available to the worker on the day of the incident.

In deciding the penalty imposed Industrial Magistrate Callaghan took into account the defendant had entered an early guilty plea, had since implemented new procedures for the issuing and use of quick cut saws with the correct PPE that were much better than the old system, and had provided substantial support and assistance to the injured worker who was still had not returned to work.

Industrial Magistrate Callaghan took into account the defendant's previous conviction under the Workplace Health and Safety Act 1995 in 2009 where it was fined $5000 for an offence involving a bodily harm injury to a worker, however declined to record a conviction in this instance.

Considerations for prevention:

When working in the construction industry where there is exposure to risks from rotating saw blades on plant, 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 rotating saw blades on plant, obligation holders should ensure that such tasks are undertaken by suitably qualified and experienced workers. Obligation holders should also consider implementing a comprehensive training plan to ensure all workers are aware of the full operation and risks involved with the use of plant in the workplace.

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

• Buliding and construction
• Health and safety information for construction
• Personal protective equipment
• Managing risk
• Employer training options
• Training staff
• Concrete cutting and drilling – Industry guide 2001
• Plant Code of Practice 2005
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.