Commenting on the conviction Cath Bowtell, WorkSafe’s executive director for health and safety says, “The Court was told that company management didn’t just fail to identify the risks – they actually knew workers were in danger, but didn’t step in to adequately protect them.”
The conviction related to a July 2008 incident where a 37 year-old printer had three fingers on his left hand crushed after it became trapped between the rollers of an inadequately guarded printing press.
Breakwater-based Express Promotions was convicted on one charge under Section 32 of the Act, for recklessly endangering a worker; one under Section 21(1)&(2)(a), relating to providing and maintaining safe systems of work and machinery; and one under Section 21(1)&(2)(e), relating to providing adequate training and supervision.
The court also heard that it was common practice for workers to bypass the guarding on the printing press in order to operate and clean it. Workers had never seen any written instructions on how to safely operate or clean the press. While company management had emailed staff, telling them not to override guarding, there was nothing in place to make sure these instructions were enforced.
Bowtell says, “This wasn’t just a one-off issue, employees had bypassed guarding on the press for years, often to meet production pressures. Other than sending an email to all staff, the company did nothing to stamp out this behaviour.
She continues, “While a range of options were available to the company – including fixing permanent guards and properly supervising staff – it did nothing until one of its workers was seriously injured.
“WorkSafe will continue to use Section 32 of the Act for the most serious offences committed by employers and individuals – when their reckless behaviour places others at risk of serious injury or death.”
Following the incident, the company installed new guarding on the press as well as on other machinery, for a cost of less than $10,000.
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