Court Summary - at a glance
- Ensure a machine is adequately guarded (various guarding options were available);
- Ensure a machine is locked out or removed from the production line while guarding options are explored;
- Ensure that all workers (including employees and contractors), working near or in vicinity of the machine, were informed of the hazards arising in the workplace and controls in place; and
- Ensure supervision and clear instructions are provided to on-hire personnel.
The victim was an employee of a labour hire company. He was contracted to work as a chiller hand at the Defendant’s fish factory in Bluff.
On the day of the incident, the victim was hosing down the processing area when he spotted a fish head stuck in the manual fish deheader machine. The victim reached into a fish processing machine to remove a fish-head. As he did so, he inadvertently activated the machine via the foot pedal causing the blade to come down and slice through his right forearm.
The victim suffered four fractures to his arm and the blade cut through his muscles and tendons.