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Court Summary - at a glance
- To have engaged a competent person to undertake a systematic risk assessment and to determine the appropriate controls with reference to the ASNZ 4024 or equivalent standards in respect of the hy-filling machine;
- Provide safe plant for workers by installing appropriate guarding and interlocks on the hy-filler;
- Developed, implemented and communicated and monitored a safe system of work which included but was not limited to the installation and use of effective lockout system, a safe operating procedure covering all aspects of the machine’s operation, routine and non-routine; and a system to ensure that appropriate guarding was in place and remained in place during cleaning and other operations rather nothing there was no guarding. Having undertaken the above steps, then provide training and instruction to workers in respect of all aspects of the hy-filler and its safe use while cleaning.
There were no safe operating procedures for the machine. The workers were told not to enter the machine when it was running and to use the jog mode to change the spacers from behind the side door. The Defendant failed to undertake a systematic risk assessment, to install guarding, have an effective lock out system, have a safe operating procedure for the machine, and to train and instruct workers.
The defendant, based on WorkSafe advice, had intended to add interlocking at a later stage, but this did not occur. A sign specifying that the machine was not to be opened while operating had fallen off by the time of the incident.
The defendant took remedial steps after the incident including adding interlocking, emergency stop switches and reset buttons, implementing a new operating procedure requiring cessation of operation when opening the machine doors, and having the machine certified by NZ engineers.