Court Summary - at a glance
Being a PCBU who had a duty in relation to its workers, including Harvey Duncan, failed to, so far as reasonably practicable, consult, co-operate with, and co-ordinate activities, with all other PCBU’s who had a duty in relation to the same matter, namely Zenthe Limited.
It was reasonably practicable for AWF Limited to have: consulted, co-operated with, and co-ordinated activities with Zenthe Limited as to the work Mr Duncan was to undertake and the most effective means to manage risks to his health and safety arising from that work, including the risk of crush injuries posed by operating the Metro Mach Hot Press Machine.
On 26 May 2021, Mr Duncan suffered crushing injuries while using a hot press machine at the co-defendant’s workshop. The machine was not guarded to the standard AS/NZS 4024. As a result of the incident, Mr Duncan suffered surgical amputation to the first joint of three fingers on his left hand (non-dominant hand).
Despite the defendant being made aware that its employee Mr Duncan was being trained on the machine (prior to the incident), the defendant failed to effectively consult, co-operate with, and co-ordinate activities with the co-defendant as to the work Mr Duncan was to undertake – and the most effective means to manage risks to his health and safety.
Costs - Prosecution and investigation costs: $1,222.46.