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 by that failure caused serious harm to an employee.

The defendant operated a metal products manufacturing business from premises located in Canning Vale.

On 5 July 2001 an employee was using a 60 ton crank press to produce outback external cover mitres. The employee was required to feed sheets of metal into the right hand side of the crank press which did not have the left and right guards in place. The employee had not previously used the crank press and was not aware of what guards were necessary.

While operating the crank press the employee found that the sheets of metal continually jammed. In response the employee attempted to "jiggle" the metal in the correct position. In an attempt to place a metal sheet in the correct location the crank press was depressed and crushed the employee's right index finger. The employee was not supervised at this time.

An investigation revealed that the left and right safety guards were removed on 4 July 2001 to install the correct machine tool and were not returned following the installation. As a result of the accident the employee had his right index finger partially amputated.

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

convicted