Technomech Consultants and Manufacturers Pty Ltd

Incident description:

On 29 May 2009, a worker was injured when clothing he was wearing caught on a rotating square plate at the end of a rod in a thread rolling machine. The worker's arm was twisted behind his back and his upper arm was fractured.

The defendant, Technomech Consultants and Manufacturers Pty Ltd, employed the worker as a factory hand.

On 30 May 2009, the company entered a guilty plea to breaching section 24 of the Workplace Health and Safety Act 1995, in relation to the obligation it held under s.28 (1) to ensure the worker's health and safety was not affected by the way it conducted its business.

The facts presented to the court revealed:

• the worker was attempting to use a thread rolling machine to re-thread a steel hold down rod. A nut could not be screwed to the end of the rod as the thread was clogged with excess galvanizing. The rods were approximately 800 mm long and had a square steel plate (100 mm x 100 mm) welded at one end
• an alternative work process existed at the workplace to remove excess galvanizing. This involved heating the rods with an oxy torch and using a wire brush to remove excess.

The parties did not agree on the evidence about the circumstances under which the worker came to use the thread rolling machine to re-thread the rods. The court was not required to decide this issue.

The company director was responsible for supervising the worker. He stated he had found the worker using the thread rolling machine to re-thread the rods and told him not to do so approximately five minutes before the incident. He stated he had been 'scolding' the worker about wearing loose clothing for several days prior to the incident. He accepted he should have said something to the worker about his loose clothing on the day of the incident.

The defendant stated that the worker had a history of failing to follow instructions.

Court result:

The defendant entered a guilty plea on the basis that it:

• failed to adequately assess the risk that may result from the specific hazards
• failed to ensure that all risks from moving parts on plant were controlled
• failed to implement adequate supervisory practices to ensure that safe systems of work were followed by the worker to remove galvanizing material from hold down rods, knowing the worker had a history of failing to follow instructions.

Industrial Magistrate Mr Graham Lee, fined the defendant $18 000 and ordered investigation and court costs of $5 073.50.

In reaching a decision, the industrial magistrate took into account that the defendant had no previous convictions, cooperated with the investigating agency and entered an early plea. He also referred to the comments by the President of the Industrial Court in a number of decisions to the effect that obligation holders must ensure the workplace health and safety of the negligent and careless employee. The industrial magistrate also noted the worker had previously failed to follow instructions and that this fact was known to the defendant employer.

The defendant claimed it had no capacity to pay the fine. This claim was noted by the court and the defendant was granted 36 months to pay the fine and costs.

Considerations for prevention:

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

Obligation holders must ensure that safety instructions given to workers about not wearing loose clothing around moving parts on plant are specific, clear and include information about the potential disciplinary consequence for non-compliance.

Failing to adequately supervise or discipline workers, leading them to be exposed to hazards and resulting in serious injury through carelessness, may result in prosecution.

A number of serious injuries have resulted from entanglement hazards where loose clothing has been worn by people around moving parts on plant, especially in industrial workplaces. This hazard should be carefully managed, particularly where it is not possible to eliminate the risks presented by the hazard.

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
• monitoring the effectiveness of the control measures to ensure they remain working correctly.

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

• Managing risk
• Employer training options
• Training staff
• Modifying plant, machinery and equipment
• Safe work procedures
• Personal protective equipment 
• Plant Code of Practice 2005
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.