Sawmill and director prosecuted after worker loses hand

27 November 2009

WorkSafe has put timber mill operators on notice to improve safety after the prosecution of a company and its director this week on workplace health and safety charges.

Gippsland company, Canningvale Timber Sales Pty Ltd was convicted and fined $55,000 and its director, John Mavros, was convicted and fined $15,000 after a worker’s hand was cut off at the wrist by an unguarded saw at the company’s Heyfield mill.

The director of WorkSafe’s Manufacturing, Logistics and Agriculture Division, Ross Pilkington said inadequate machine guarding remained a common safety threat in sawmills and a recipe for disaster.

“WorkSafe continues to take a zero-tolerance approach to sawmill safety. This is one of a number of serious incidents from mills which will be before the courts in coming months.” 

Mr Pilkington urged the industry to review potential safety issues as those identified during the investigation of the Canningvale incident could be found at many mills.

“Not addressing them puts people and the business at risk. They are not hard to find and in most cases easily fixed, often with material already on site.”

Morwell Magistrate Fiona Hayes was told a worker was adjusting timber near the blade of a docking saw on 28 May 2007 when a piece of timber fell against the machine’s control lever and cut off his hand at the wrist.  

Workmates immediately attended to the injured man, gave first aid, recovered his hand and called an ambulance. The injured man was flown to St Vincent’s Hospital where he had surgery to re-attach the hand.

Since the incident, Mr Mavros, of Heyfield, has provided assistance to the injured worker, including driving him to Melbourne for treatment on at least 48 occasions and would continue to do so.

The court was told:

• Guards for the saw and operating lever were made from scrap steel mesh and tubing from the property soon after the incident Mr Mavros was aware of the need for guarding as a similar machine had it in the past but that it had been removed by him and never replaced;
• The operating lever was poorly positioned and capable of being activated by timber falling against it. The saw did not have an emergency stop control or a tag out/lock out system; 
• At least one worker had expressed concern to fellow workers about the safety of the saw as he had experienced it being started by falling timber hitting the lever; 
• Canningvale Timber Sales Pty Ltd did not provide adequate information to employees regarding safety, hazards or safe work practices and procedures.
• Safety improvements were made after the man’s hand was amputated.

The charges:

Canningvale Timber Sales Pty Ltd - Section 21(1) & (2)(a) of the Occupational Health & Safety Act 2004.

This section refers to the duties of employers to employees and requires them to, so far as is reasonably practicable, provide and maintain for employees of the employer a working environment that is safe and without risks to health. This includes the provision of safe plant or systems of work.

Company director John Mavros - Section 21(1) & (2)(a) and s.144 of the Occupational Health & Safety Act 2004   

Section 21 refers to the duties of employers to employees and requires them to, so far as is reasonably practicable, provide and maintain for employees a working environment that is safe and without risks to health. This includes the provision of safe plant or systems of work.    

Section 144. Covers the liability of officers of bodies corporate. If a body corporate (including a body corporate representing the Crown) contravenes a provision of the Act or the regulations and the contravention is attributable to an officer of the body corporate failing to take reasonable care, they are guilty of an offence and liable to a fine. Regard must be given to what the officer knew about the matter concerned, the extent of their ability to make, or take part in the making of, decisions that affect the body corporate in relation to the matter concerned; and whether the contravention was also attributable to an act or omission of any other person.