Wangaratta company found not guilty on OHS charges

02 June 2008

A County Court jury has found a Wangaratta company not guilty of charges laid under the Occupational Health and Safety Act. 

Australian Country Spinners Pty Ltd was charged by WorkSafe after a worker lost several fingers in a workplace incident in January 2004.

The Director of Public Prosecutions told Wangaratta County Court Judge, Julian Leckie, that a man’s fingers were caught in machine gears while removing fluff.

The machine was in the process of stopping when the employee’s hand was caught. 

The court was told:

• the employee was trained to press one of nine emergency stop buttons on the machine before accessing the relevant part of the machine.
• the gears were guarded with a cover fitted with a switch to cut electrical power to the machine when opened. After being activated the machine took about two seconds to completely stop.
• the company had conducted risk assessments and considered there to be no risks or hazards associated with accessing the area.
• since the incident, and as a result of being issued with a WorkSafe Improvement Notice, interlocked guards have been installed, preventing access moving parts until the machine has come to a complete stop.

The Director of WorkSafe’s Legal Services and Investigations Division, Stan Krpan said the loss was disappointing.

“A comprehensive investigation reviewed by senior counsel produced what we believed was a strong case. Nonetheless, the jury accepted the arguments of the defendant.

“WorkSafe’s role is to gather and assess evidence and put it to the court if a case can  be sustained. This is the expectation of Parliament and the Victorian community.

“WorkSafe does not initiate prosecutions lightly. They are expensive and time consuming for all parties, and in the case of defendants can have a serious long-term impact.”