Prosecution Details

Being the owner of plant, namely the hydraulic press, failed to ensure that every dangerous part of the plant is securely fenced or guarded unless it is so positioned or constructed that it is as safe as it would be if securely fenced or guarded.

On 24 July 1996, prior to the accident occurring, the (injured) employee was punching holes in tubular steel frames using a hydraulic press jig. Prior to the accident the employee was holding a steel frame in position on the jig. He unconsciously placed his left index finger between the punch and die and pushed the start button. The hydraulic ram descended crushing his finger. The left index finger was later amputated below the proximal phalanx at Royal Perth Hospital. A prohibition notice was served on the company prohibiting the use of the hydraulic press an until adequate guard was fitted.

In the opinion of the investigating inspector the nip points of the hydraulic press could have been easily guarded by fixing a rectangular sleeve onto the die covering the stroke of the hydraulic ram so that the punch and die points were always enclosed.