What could have been a $5000 fix has turned into a massive fine for a Southern Downs sawmill, after a worker suffered a serious injury when his foot got caught in a woodchipper.
Accidents on construction sites are on the rise, and families are desperate for laws to keep their tradies safe.
Inglewood Sawmill director Nicolas James Upton pleaded guilty on behalf of the company to a charge of failure to apply to health and safety duties (category 2).
Inglewood Sawmill had been operating under the new management since 2014, employing 15 people as a major employer in the town.
In Warwick Magistrates Court on Wednesday, Office of the Workplace Health and Safety prosecutor Jade Henderson revealed a simple fix of a guard on a wood chipping machine could have prevented the injury.
The guard on the chipper – a piece of equipment which would have cost about $5000 – was not present, and on 30 November 2020, there was a blockage in the machine.
Ms Henderson told the court that workers at the sawmill did not have proper training in relation to how to clear a blockage on the machine, leading to a worker standing on the frame of the machine in order to access the blockage.
Inglewood Sawmill is a major employer for the town. (Photo: file)
“On that day one of the workers attempted to clear the blockage by standing on the frame of the chipper and leaning over, using a metal bar to clear the blockage,” Ms Henderson said.
“The chipper remained on while he did this, and his right foot came in contact to the exposed chain driver of the conveyor.”
Although the man was wearing steel capped safety boots at the time, he still suffered serious injuries to his foot, including a near-complete amputation of his big toe, a deep degloving injury and a fracture to another toe.
It was revealed there were also a number of oversights by the business besides the lack of guard on the chipper machine, including the lack of an on-site manager since 2019 as the company couldn’t find anyone for the job.
The man required seven surgeries to repair damages to his foot, including pins and screws in his ankle, and still had ongoing medical and mental health issues due to the incident.
Representing Inglewood Sawmill, defence lawyer Neville Weston said the company went through their records and were unable to find when the safety guard on the machine was removed.
Inglewood Sawmill’s Nicholas James Upton leaving Warwick Magistrate Court on Wednesday June 7
“The last time he visited the plant prior to Covid in February 2020 the guard had not been removed,” Mr Weston said.
“My client remedied the breach and did so promptly and continues to perform an important role in the Inglewood community both as an employer and a corporate citizen.”
Magistrate Andrew Cridland noted the only way for management to monitor activity at the facility was through CCTV cameras, which did not capture the area where the exposed chain was located.
“The cost of fabricating and installing the guard was $4794.90,” Mr Cridland said.
“It can be accepted that Covid disrupted numerous practices regarding to business, it does not remove the duty, but the early plea of guilty is a significant factor in the case.”
The magistrate noted that his verdict would “make clear that the community does denounce this conduct”.
The company received a fine of $60,000 for the breach in workplace safety standards referred to SPER, as well as all professional and court costs.
No conviction was recorded.