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Court Summary - at a glance
- Ensuring that a fixed guard was fitted to the press to prevent operator access to the dangerous part of the machine while in use;
- Ensuring that an interlock guard was fitted which, when open, would allow removal of material while disabling the ability to operate the press;
- Having a safe method of work for carrying out tasks where work-pieces are obstructed by guards;
- Ensuring that employees are trained and monitored in the safe operation of the press.
An employee of the Defendant was using a 90 ton press machine to cut brackets from lengths of steel. When the last bracket was to be cut, the length of steel was too short to be held in place from outside the machine. The rear guard had been removed that day for set up and left off. The employee reached into an unguarded entry point to hold the steel in place by hand while another employee operated the press.
The employee’s right index finger was crushed between the cutting die and stationary bed.