Court Summary - at a glance
Being a PCBU having a duty to ensure, so far as reasonably practicable, the health and safety of workers who work for the PCBU, while the workers are at work in the business or undertaking, namely operating the Metro Mach Hot Press Machine, did fail to comply with that duty and that failure exposed workers including Harvey Duncan, to a risk of serious injury.
It was reasonably practicable for Zenthe Limited to have: ensured competent person/s reviewed and assessed the machine to determine its compliance with the standard described in AS/NZS 4024 or better; and ensured the machine was adequately safeguarded to the standard described in AS/NZS 4024 or better.
On 26 May 2021, Mr Duncan suffered crushing injuries while using a hot press machine at the Zenthe 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).
Zenthe had failed to have a competent person review and assess the machine to determine compliance with AS/NZS 4024 and ensure the machine was guarded to the standard.
AWF had failed to effectively consult, co-operate with, and co-ordinate activities with Zenthe as to the work Mr Duncan was to undertake – and the most effective means to manage risks to his health and safety.
Costs - prosecution costs of $1,222.46.