Prosecution Details

Being an employer, failed so far as was practicable to provide and maintain a working environment in which its employees were not exposed to hazards and in particular failed to provide and maintain plant such that, so far as was practicable, its employees were not exposed to hazards and by that contravention caused serious harm.

The defendant operates a bakery. On 14 April 2000 one of the defendant's employees attempted to turn on a French stick roller machine to commence rolling and traying up French sticks.

The electrical control box used to start up the machine had partially broken off its mounting plate and the start and stop buttons were not correctly lining up with the access holes on the control box.

As the employee attempted to line up the buttons with their access holes, his hand moved near to an unguarded pulley drive system and, as the machine started, his left hand was caught in that system, amputating his index, middle and ring fingers, as well as the tip of his little finger. The fingers were not able to be reattached and the employee now wears prosthetic fingers.

The prosecution was heard by Mr Lawrence SM.

The defendant pleaded guilty. The penalty was imposed under section 19(7).

convicted