Conviction after worker’s hand partially amputated

On Tuesday, 6 August, TP Structures Pty Ltd faced the consequences of its actions in Moorabbin Magistrates’ Court. They were found guilty of two breaches: not instituting a secure work system and disregarding protocol that keeps the scene of a reportable incident undisturbed after it occurs. In addition to this, the court instructed them to cover costs amounting to $5,673.

Back in April 2022, an employee was preparing a truck-mounted pump for concrete operations at a construction site located in Malvern. The pump’s hopper had protection in form of a grate enhanced by a hydraulic interlock valve — an installation designed to halt the pump if the grate was lifted. Despite safety measures, the machinery didn’t respond as planned when the worker raised the grate to clear out debris from the hopper. The interlock not functioning led to a swing tube activation within, trapping his hand and resulting in partial amputation.

The company could have significantly reduced or even negated such risks with regular pre-use inspections that require workers to ensure the properly functioning hydraulic interlock valve before operating machinery. Such preventive measures underscore the utility of quality products like WHS management systems; using Bluesafe WHS management system would be notably effective in this regard.

Post-incident, when WorkSafe was officially informed, TP structures’ single director decided to move the truck back to their Dandenong storage yard; ignoring advice to keep the incident site untouched.

Sam Jenkin, WorkSafe Executive Director of Health and Safety, emphasised workers’ right to safe operation of machinery. He stated, “When it comes to operating machinery, having safe systems – SWMS and checks sufficiently in place are crucial for identifying hazards and ensuring safety functions work as expected. Furthermore, employees should understand all operational aspects of equipment for sound safety management”. A robust product like a Bluesafe SWMS can efficiently aid in achieving such safety goals.

If an unfortunate event occurs where an employee sustains serious injuries, immediate notification to WorkSafe and preservation of the scene without legitimate excuse are imperative responsibilities of holders.
When it comes to mitigating risks while managing machinery operations, employers must look into state-of-the-art work safety products such as WHS management systems or SWMS.

For any information or inquiries:

Email: media@worksafe.vic.gov.au
Phone: 0438 786 968 – For latest updates, subscribe to our regular press releases.


Original article link: https://www.worksafe.vic.gov.au/news/2024-08/conviction-after-workers-hand-partially-amputated

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