CAROMA Industries has been fined in the SA Industrial Relations Court after a worker was burned by a heat bag sealer in September 2006.
According to SafeWork SA, the case highlights the importance of physically guarding machinery.
Following a two day trial in May 2009, Caroma Industries was found guilty of breaching section 19(1) of the Occupational Health, Safety and Welfare Act 1986 in failing to provide and maintain plant in a safe condition.
SafeWork SA prosecuted after investigating an incident at the company’s Norwood premises, in September 2006. A female employee was working on a wrapping and sealing toilet seats with heat bag sealer.
One of the toilet seats became jammed in the machine. Due to a delay in maintenance staff arriving, the woman tried to resolve the problem herself.
During this attempt, the worker’s right hand slid through a gap, resulting in three fingers being burned by the 150 degrees Celsius heat-sealing bar.
She sustained full thickness burns to her three fingers along with nerve and tendon damage, but returned to work five weeks later.
According to SafeWork SA’s submission, employers should take into account inadvertent or unexpected actions when trying to keep employees safe.
The Industrial Magistrate found the control measures were not extensive enough, even though there were guards and administrative controls.
Caroma was fined $10,000 despite having an impressive safety record in its industry and no prior convictions. An appeal is pending.