District Court fines employer over guarding accident
In the case of SafeWork NSW v MMP Industrial Pty Ltd, the District Court of New South Wales has issued a substantial fine over a risk to safety at a manufacturing plant.?
The worker put her hand in to clean an inadequately guarded machine after it had been turned on after maintenance work. The machine closed on her right hand, causing crush injuries to her ring finger, middle finger and index finger.
The Court found at [25] that:
MMP did not have a copy of the manufacturer's operating instructions and had not undertaken a risk assessment as to the use of the Gasket Machine prior to the incident. There was no Safe Work Method Statement (SW/MS) nor adequate Safe Operating Procedure (SOP) for the Gasket Machine.
The Court did refer in some detail at [59] -?[66] to the actions taken after the incident by the employer and the contrition and regret expressed by the sole director over the incident.?
In discussing sentencing principles, the Court made a number of findings in relation to deterrence, The Court held at [77] that General deterrence is a significant factor when safety obligations are breached. The Court also found at [79] that specific deterrence had a significant role where the employer had been issued with multiple prohibition and improvement notices.?
领英推荐
On the other hand, the Court found that the employer:
After factoring in the discount for an early plea, the Court imposed a fine of $262,500. This case is another example of the importance of employers providing safe systems of work, particularly in circumstances where relatively simple safety mechanisms can be introduced. It also shows the very significant benefit of obtaining comprehensive legal advice early in the investigation process, particularly given the upward trajectory of penalties in this jurisdiction.
A copy of the decision can be found at https://www.caselaw.nsw.gov.au/decision/184a73bef7a81f5bf53bcde8