Prosecution Details

Being an employer, failed to provide measures to prevent, as far as was practicable, the use of plant, namely an electric planing machine, in a manner that could render that plant a hazard to persons at the workplace.

The injured person was a 16 year old student from a nearby High School who had previously undertaken a work experience placement at the defendant's premises. During his work experience placement, the student successfully used an electric planing machine or buzzer, to plane the flat sides of some timber. The buzzer consists of a rotating blade set in a metal table. The timber to be planed is slid across the table where it comes into contact with the rotating blade. When planing the flat sides of the timber, a push stick was used.

At the completion of the work experience placement, the defendant offered the student casual employment for a period of two weeks. On 18 January 1999, the student was using the buzzer to plane the edges of some timber. It was not possible to use a push stick for this task. It would appear that his hand slipped off the timber and struck the rotating blade of the buzzer (see the picture of the unguarded machine). As a result, he suffered traumatic amputation to all four fingers of his left hand.

The buzzer was purchased by the defendant in or about 1992 and was not fitted with a guard. Following the accident, the buzzer was fitted with a guard at a cost of approximately $150 (see picture of the guarded machine).

The defendant pleaded guilty.