Prosecution Details

Being an employer at a workplace where access to plant, namely a panel saw, was required for the purpose of cleaning and it was practicable to do the cleaning when the plant was stopped failed to ensure that, where practicable, the plant was stopped and all energy sources were isolated using isolation devices and locked out using lockout devices and that action to stop the plant and to return it to operational status was taken by a person authorised by it.

The defendant operated a furniture manufacturing business in Carlisle.

On 28 November 2000 a WorkSafe Inspector conducted a routine inspection of the defendant's premises. He inspected a panel saw and through enquiries discovered that although the panel saw was fitted with a lockable isolation switch for locking out the electrical power supplied to the panel saw, the switch was not an interlocking switch, ie one which would ensure the power supply to the plant was fully isolated. Further, there were no procedures in place for ensuring that the panel saw was isolated and locked out when it was cleaned.

The WorkSafe inspector issued the defendant with an improvement notice in respect of the lack of isolation and lock out procedures. On 22 May 2001 the WorkSafe inspector visited the workplace again and discovered that a padlock to lockout the panel saw was not available. A director of the defendant stated that the machine was disconnected and isolating swtiches turned off at the sub-boards for cleaning or repairs. Such a procedures is not sufficient because it does not prevent the machine being re-connected and turned out.

The defendant pleaded guilty.

The matter was heard before Mr Jones SM. In imposing a sentence His Worship took into account the defendant's good record, its extensive safety system, its early plea of guilty and the fact the the defendant had remedied the defect before the charge was brought against it. His Worship stated that imposing a penalty of $800 he was not minimising the breach of the Regulations.