Court Summary - at a glance

Date of offence:
29 October 2013
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$39,375

Safety lessons learned:
  1. Conduct hazard assessment following the modification of the swaging machine with reference to MBIE publication Ergonomics of Machine Guarding Guide 2013 or Australian Standard 4024 2006 Safety of Machinery Standard.
  2. Identify the significant hazard of unguarded moving machinery
  3. Using suitable controls to manage the hazard, namely fitting a guard to the swaging machine and installing an emergency stop button.

Defendant name:
Industrial Tube Manufacturing Company Limited
 
Industry:
Manufacturing
 
Date of offence:
29 October 2013
 
Facts in brief:
The victim’s primary role was to operate a hydraulically operated swaging machine, used to shape pieces of steel tubing. The swaging machine was modified 3 months prior to the victim commencing work at the Defendant company. The machine was modified to accommodate longer lengths of steel unguarded parts were left exposed.

On the day of the accident, the victim lost concentration when his had was near the moving parts and he activated the foot level to run the machine. His finger was caught by unguarded moving parts of the machine. The victim suffered fingertip crushing injuries requiring the amputation of the top of his right index finger.
 
Offence section:
S18(1)(b)(i)(a) Health and Safety in Employment Act 1992
 
Date(s) charged:

Court:
Hamilton - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$39,375
 
Maximum fine available:
$250,000
 
Reparation:
$15,000
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