$50,000 fine after worker's fingers stuck in machine

By
Ray Boekelaar
December 23, 2024
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Foreword

Today, Solve Safety is analysing and reviewing this latest reported WorkSafe Victoria's (workplace safety regulator) News and Safety Alerts. Solve Safety is not identifying the nature of the specific problem of any person or organisation in this commentary but only speculating on what could be happening generally in a situation like this, as described by the regulator's media press release.

Introduction

Solve Safety is a Triple ISO Certified Professional Services organisation (Safety, Quality and Environmental) that offers specialised support for your workplace safety compliance by providing occupational health and safety advice for workplace’s operational task and activities management (workplace safety compliance made easy) to create the safest and most efficient environments possible, protecting both lives and livelihoods.

Topic Elements

As a learning from the topic elements, Solve Safety has both analysed the background and the timeline of both how and why an incident like this could take place and what judgements or decision reasoning was reached by the workplace safety regulator's published conclusions.

Are You Managing the Hazards When Operating Your Plant, Equipment and Machinery?

Background

According to WorkSafe Victoria’s recent news and safety alerts, a worker who was operating a machine designed to create 90-degree bends in pipes was required to manually hold a pipe in place with one hand whilst pressing the activation button with the other. The bending process commenced with a first vice clamping down to secure the pipe; however, before the worker could remove their hand, a second vice clamped down, trapping the operator’s two fingers.

WorkSafe’s investigation found that the worker was concerned the emergency stop button would pause the machine immediately but not release the vice’s grip, which had trapped their fingers. As a result, the worker chose to let the bending cycle complete to its end until the vice released automatically, sustaining serious hand injuries in the process, requiring them to be taken to hospital by ambulance.

WorkSafe Victoria further reported that there was no formal training procedure for the machine, and the manager who trained the injured worker had no formal training themselves and was operating the machine based on a philosophy of trial and error.

Described by the regulator that no worker should ever have to go through an incident so gruesome whilst unsure of what they are supposed to do in case of emergencies, which continues to highlight how crucial it is for operators to have the necessary training with safety controls put in place when working with plant.

With the regulator further stating that they will continue to act against employers (when it comes to working with high-risk equipment) who fail to ensure they are providing safe machinery and proper training for their workers without room for laxity.

Are You Controlling the Risks of Your Plant, Equipment and Machinery Operations?

According to this WorkSafe Victoria’s news, workplace employers (duty Holders) should ensure they have currently risk assessed and reviewed their organisations’ operational activities and tasks (harm minimisation) controls for plant, equipment and machinery operations, such as:

  • Identify the hazards and assess the risks associated with them and eliminate or control those risks by isolating them or using alternatives.
  • Train staff in the safe operation of machines and equipment and provide written procedures in the worker’s first language.
  • Develop and implement safe operating procedures (SOPs) in consultation with employees and health and safety representatives.
  • Ensure safety guards and gates are compliant and always fixed to machines.
  • Regularly service and inspect machines and equipment.
  • Place signs on/near a machine to alert employees of the dangers of operating it.

Compulsory OHS/WHS Workplace Safety Compliance

Solve Safety focuses on comprehensive workplace Duty Holder OHS/WHS Prosecution Mitigation by providing guidance on workplace safety compliance measures that reduce both the hazards and risks (harm minimisation). This is achieved by controlling workplace hazards that Duty Holders are required to consider by law when conducting their organisational operational activities and tasks.

OHS/WHS Subject Matter Experts

Workplaces can be dangerous due to many hazards that have the potential to kill, injure or cause ill health or disease, so discover safer workplaces and stress-free assessments by seeking subject matter expert safety advice prior to any of these serious safety incidents which will impact both a range of internal and external factors. Additionally, it can affect several stakeholders, making it an imperative Duty Holder’s strategy to mitigate the potential likelihood of an occupational health and safety (OHS/WHS) prosecution situation for non-compliant organisational operational activities and tasks.

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Multiple Regulator OHS/WHS Prosecution Routes

There are several different legislated Safety Acts and Regulations that OHS/WHS prosecutions by WorkSafe can institute or conduct legal proceedings against duty holders (person or organisation). This occurs when there are cases of an employee, contractor, customer or visitor who has been either injured or killed whilst in the workplace.

OHS/WHS Health Safety Management Support Services

With our team of leading safety management consultants based in Melbourne but operating throughout Australia Nationally, we are dedicated to helping organisations to become safe and compliant.

No matter the size of your workplace from small, medium or major or services you may offer, such as transportation, logistics, postal, warehousing, agricultural, forestry, fishing, construction building trade, manufacturing, mining and quarries, public administration and safety emergency, administration and support, arts, culture and design, retail and wholesale trades, every other workplace and rental, hiring and real-estate, electricity, gas, water and waste water recycling, office works and professional services, health care and hospital, health and community support, education and training, hospitality, automotive, sports and recreation, aged care or disability services, a risk assessment of the workplace that identifies all the hazards is of paramount importance.

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Our consultants are Australian Qualifications Framework (AQF) certified, qualified and experienced to have expert skills and knowledge over every aspect of Workplace Safety for Duty Holder OHS/WHS Prosecution Mitigation. This gives them the abilities to meticulously review and support your safety planning, so it meets the highest safety standards, minimising risks and enhancing productivity.

OHS/WHS Safety Certification and Qualifications

The Australian Qualifications Framework specifies the standards for educational qualifications in Australia. It is administered nationally by the Australian Governments Department of Industry, with oversight from the States and Territories, through the Standing Council of Tertiary Education Skills and Employment. www.aqf.edu.au

Commentary by Ray Boekelaar (Senior certified OHS/WHS Safety Consultant for www.solvesafety.com.au)

Ray Boekelaar is more than just a career “work retired” grandfather, father, and blogger, who loves AWD-SUV semi off road adventure camper traveling the highways and byways throughout the vast states and territories of the Australian continent. When he is not doing some casual OHS Safety or Real Estate Consulting for these respective organisations, as a “key opinion leader” (KOL) you will find him in between times trip planning historical tourist destinations and heading out into the sunset, on his next of many scheduled road touring travel adventures.

Ray Boekelaar

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