Russell Henning Timber Pty Ltd has been fined only $15,000 after an employee’s thumb, index finger and middle finger were amputated.
The company operates out of their Chelsea Heights warehouse where they manufacture and supply timber products. As part of their operations, Russell Henning Timber used an electric table saw to cut glued sections of timber. The saw was operated by placing a length of timber on the cutting table and then pressing a raised, mushroom type button located on the operator side of the plant. Pressing this button caused a metal clamp mechanism to descend from above the cutting table and secure the timber in place, whilst the saw blade simultaneously ascended from beneath an opening in the cutting table to slice through the section of timber.
In October 2024, a Russell Henning Timber worker was using the saw to cut sections of timber. As he performed this task he reached across the bench with his left hand and inadvertently activated the mushroom-type button with part of his body, which caused the clamp mechanism to descend and trap his hand on the bench. Before he could move his hand, the saw blade rose from beneath the cutting table and amputated his thumb, middle and index fingers.
WorkSafe attended the workplace in response to the incident and observed that the saw was equipped with two-hand operator controls, one of which was not operational, meaning that the cutting action could be initiated by pressing only a single button. They also observed that access to the internal moving parts of the saw could be gained while the plant was in operation during maintenance and cleaning activities.
Investigation revealed that the saw had been purchased in an unsafe condition, and the two-button control system had not been deliberately bypassed by the Russell Henning Timber. However, the company did not conduct a risk assessment of the saw after it came into their possession and control and continued to operate the saw without adequate control measures in place.
It was reasonable to expect Russell Henning Timber to eliminate or reduce the risk of amputation injuries associated with the use, cleaning and/or maintenance of the table saw by ensuring that the two-button operator controls were functional and operated as intended, so that both of the operator's hands were positioned away from the danger area when the saw blade was activated, and by installing an interlock device on the mechanical access doors of the table saw to ensure access to the internal danger area could only be gained when the machine was not operational.
The Court noted the significant impact that the incident had on the worker, with the incident having life-changing consequences for the injured worker.
The maximum applicable penalty value for a breach of s.21 of the OHS Act at the time of the incident was approximately $1.7 million.
The Victorian Government has finally responded to the Sentencing Advisory Council’s 12 recommendations for reform regarding the sentencing of OHS offences in Victoria and legislated to increase maximum penalties for aggravated breaches of Section 21 of the OHS Act. The recommendation to increase all general duty offences is accepted ‘in-principle’. The Government will review effectiveness of the new penalties and consider further increases, however, there is no clear implementation timeline on this reform.
Read more: Prosecution Result Summaries and Enforceable Undertakings | WorkSafe Victoria