Court Summary - at a glance
Being a PCBU having a duty to ensure, so far as is reasonably practicable, the health and safety of workers who work for the PCBU, including Caleb Holtz, while the workers were at work in the business or undertaking, did fail to comply with that duty, and that failure exposed workers to a risk of serious injury arising from contact with the moving parts of the Plasma Profile Cutting Machine, serial number 100581 (the plasma cutting machine).
It was reasonably practicable for Primero Profiles Limited to have:
- Ensured adequate guarding and/or engineering controls were in place to prevent access to the moving parts of the plasma cutting machine.
- Developed, implemented, trained and monitored compliance with an adequate standard operating procedure for the processes of clearing swarf and changing drill bits on the plasma cutting machine.
Mr Holtz put the machine on hold to clear swarf (metal shavings) from the machine with his gloved hand. He was unable to clear the area as there was insufficient space. He, therefore, asked a colleague to push the stop button on the control panel. On pushing the stop button, the clamp moved up quickly and independently of the drill, trapping Mr Holtz’s hand between the clamp and drill housing. Mr Holtz underwent surgery but lost function in his right hand.
Consequential loss - $9,718
Legal costs - $3,680.51
External expert - $6,870