Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria

SECTION 1
RAMINTI TRADING CO PTY LTD
Date of offence: 20 April 2004
Date of prosecution:
Magistrate:
Plea:
20 May 2005 at Dandenong Magistrates’ Court
His Honour Magistrate Alsop
Guilty
On 20 April 2004 at the Dandenong South premises of Raminti Trading Co Pty Ltd, an employee
machine operator was operating an inadequately guarded docking saw to cut lengths of timber to
make into a lattice.
The employee leant over to pick up some cut pieces of wood and the machine inadvertently started
to operate, trapping the employee’s right hand in the area of the saw. The employee’s right hand
was severed by the saw. The hand was reattached by surgeons using two veins from the injured
employee’s right foot.
The employee had received no training on the machine but had operated a similar machine when
she worked in Malaysia. The company was unable to provide any evidence of induction or training in
respect to operations of the workplace.
A WorkSafe inspector attended the workplace on the day of the incident and issued a prohibition
notice preventing the use of the saw due to inadequate guarding, no emergency stop button and a
single pneumatic operation switch.
On 28 April 2004, the inspector re-visited the workplace and observed that the saw had been
decommissioned and replaced with a new pop-up saw with a two button operation, side guards,
rear guard and an emergency stop. The two button operation prevents a hand coming into contact
with the cutting blades of the saw when in operation.
Breach: Sections 21(1) & (2)(a) and sections 21(1) & (2)(e) of the Occupational Health and Safety Act 1985.
Result: Convicted and fined an aggregate sum of $48,000.
66 PROSECUTIONS 2005