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Court Summary - at a glance
Section 25(3)(a) charge $10,837.50
- Ensure that the standard operating procedure for nail guns are adequate.
- Prohibit the practice of cross-nailing.
- Ensure the production line operates allowing operators sufficient time to check that no one is in the line of fire before compressing the trigger.
- To have ensured that the Defendant’s training program, designed to ensure trainees progress from the most basic to more complex tasks appropriately, according to competency, was followed by employees and contractors.
- Ensure that trainees are adequately supervised and regularly assessed before any task progression to ensure that they are competent.
- Put in place appropriate procedures to ensure that all nail gun operators comply with industry best practice and guidelines.
- To have an up to date hazard register that correctly identifies all known hazards associated with the use of nail guns.
On 29 January 2014, an employee was working with a nail gun on the component table, the easiest type of nailing work. After lunch he was moved to the standard nailing bed to continue his training. As the injured worker worked with a nail gun along one side of the frame, the employee worked with another nail gun directly opposite the injured worker, on the other side of the frame. This practice is called cross nailing. He failed to correctly line up his nail gun and misfired. The misfired nail travelled several metres across the frame hitting the injured worker in the chest.
The victim in the nail gun incident suffered a puncture to the pericardium, narrowly missing his heart.
S25(3)(a) Health and Safety in Employment Act 1992 (Date charged 28 November 2014)
28 November 2014 for s25(3)(a) charge
Section 25(3)(a) charge $10,837.50
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