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Court Summary - at a glance
- Assess whether the PCBU is competent and capable of designing and manufacturing the plant according to industry standards;
- Ensure the PCBU has acquired all relevant information about the safety requirements for manufacturing a firewood processor log splitter;
- Ensure the plant meets all relevant safety requirements;
- Ensure the PCBU follows the advice of other experts it has engaged in the field when manufacturing plant;
- Ensure the PCBU gives adequate information, including but not limited to, an operating manual and maintenance information, and results from any tests undertaken on the plant.
MMD engaged certain key suppliers and consulted some guidance, but failed to consider a key relevant safety standard. It was delivered without an instruction manual, no commissioning report or safety audit had been done, and the machine lacked an interlocking guard. The machine was not designed and manufactured according to industry standards.
Once on site, Davies removed the guard because of issues with vibration. It did not ensure there was a risk management system, or safe system for clearing blockages.
A worker was operating the machine and his fingers were trapped between the hydraulic ram and the saw blade, causing four fingers to be amputated below the knuckle. Three were able to be reattached.