Facts
In July 2008, an employee operating a wood chipping machine at a timber plantation in Mount Barker, Western Australia, lost his index, middle and ring fingers and his little finger was severely injured when his hand was struck by a rotating disk.
The incident occurred when the employee attempted to clear a blockage from the machine. No protective guard was fitted to the machine's overspout (designed to eject waste materials).
Decision
In February 2012, His Honour Magistrate Peter Malone found the supplier of the machine guilty of failing to ensure that the design and construction of the machine was safe, and by that failure, the supplier had caused serious harm to the worker.
The supplier was fined $30,000.00 and $12,000.00 in costs, the Magistrate commenting that the injuries suffered by the worker were significant and had led to a permanent disability.
WorkSafe WA Director of Policy and Education, Ian Munns, said the case sent a clear message about the importance of guards on machinery and the fact that responsibility for workplace safety was not limited to employers.
Fines and Costs
It is important for employers and suppliers to be aware that while workers' compensation and common law liability may be insured against, public policy prevents insurance being taken out to cover fines.
However, it might be possible to insure against the legal costs of defending an occupational health and safety prosecution provided specific insurance was in place, covering that risk, separate to that covering workers' compensation and common law liability.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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