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Court Summary - at a glance
The defendant failed to:
- Ensure that that auger between the Coenraadts and Pelbo machines was guarded in accordance with AS/NZ 4024 or equivalent or higher standard.
When the incident occurred, the victim and her team leader were cleaning the machinery at the end of the shift. Two of the machines, along with the auger between them, were running, so they could be flushed out with water. There was a latch on the underside of the auger, which was fully open. The team leader took away a bucket from under the latch in the auger, as it had filled up with water. He set the bucket aside, not intending to replace it at that time. The victim saw the bucket and went to put it back under the machine from the separating side of the machine, which is not normal. The victim was concerned that the eggshells would continue to be flushed through the auger and onto the floor. So she replaced the bucket and while doing so her thumb entered into the open latch under the auger and the rotating auger severed her thumb from her hand. Her thumb could not be re-attached. Her finger was moved to replace her thumb.
In general, the machine had good guarding, but the positioning of the latch on the underside of the machine obscured it from view and management was not aware of it. Workers all knew about the unguarded latch.
Consequential loss - $119.80
Costs - $7,184.40
Last updated