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Court Summary - at a glance
- Ensure an effective system is in place to manage and monitor risks presented by machinery;
- Machine guarding audits should have been carried out in respect of the press to identify the inadequacies in guarding.
- The slot opening in the interlocked guard should not have allowed for an operator to be able to reach through and access moving parts of the machinery. Either the size of the slot opening should have been reduced, or the safety distance from the slot opening to the moving parts should have been increased.
- The interlocking mechanism should have been designed so that the guard could not open until the flywheel had stopped rotating and the ram was locked to prevent it from free-falling
- Maintenance work should have been routinely undertaken to minimise jamming.
- The process for clearing jams should have been clear. Tools that were fit for purpose should have been used to pull at a jammed clip.
The victim was a casual employee of the defendant.
On 16 May 2016 the victim was instructed to make some tray clips using a punch and forming press. Strips of metal are inserted and formed into a tray clip.
A metal strip became jammed in the die of the press. The victim attempted to free the jam with some welding wire. After this did not work he reached up through the outlet chute with his right hand. The victim’s stomach inadvertently made contact with the machine controls and activated it.
The ram of the machine came down and amputated the tips of his right forefinger, index finger, ring finger and thumb.
While unrelated to the incident, there was also an issue with the interlocked guard on the machine; when it was opened, it did not ensure that the press immediately came to a complete stop.