By Cam Lucadou-Wells
A Dandenong South manufacturer has escaped conviction after a worker’s hand was crushed in an unguarded hydraulic press at the factory.
Straightmark Nominees Pty Ltd, which trades as R & S Grating, pleaded guilty to failing to provide a safe workplace at Dandenong Magistrates’ Court on 1 September.
The company had failed to install guarding on the machine and to providing adequate supervision, WorkSafe lawyer Veronica Hogan told the court.
It was an “elemental” failure in workplace safety, she said.
“The guarding of dangerous parts of machinery is not a novel concept.”
The court heard the custom-built machine had operated without incident for 30 years.
However, the worker claimed he’d momentarily looked up to check a clock’s time when the machine switched on without him pressing the button.
After the incident, the company installed guarding to the machine and ordered a safety gap audit of the factory.
The worker required surgery to remove metal from his crushed hand, Ms Hogan said.
One of his fingers was partially severed, and suffered metal poisoning of his blood as a result.
Straightmark’s lawyer Amanda Dickens conceded that the machine should have had a guard to protect its operator.
But it wasn’t a serious example of the offence because there was no risk of death, only serious injury, Ms Dickens argued.
There was no chance a worker could be dragged into the machine, lose an arm or be killed, she said.
Magistrate Greg Connellan dismissed the argument, noting that a serious injury could still be “devastating”.
He said the lack of guarding was a “notorious risk” and a common cause of employers appearing in court.
“It’s not the most serious (offence) I’ve seen but it’s serious enough.”
In opting against a conviction, Mr Connellan noted the 48-year-old company had no prior convictions. He was satisfied that it was “safety conscious”.
Mr Connellan praised the company for still employing the worker and going beyond what was required, such as assisting in the worker’s psychiatric treatment as a result of the injury.
He noted the family company was in transition, with the founder’s three sons taking over as directors. There were also glowing references from current employees.
Straightmark was fined $15,000 plus $2240 costs to WorkSafe.
