Hi Renata –
In my workplace there is a machine that has sensor guarding - we have recently discovered that an employee can be inside the restricted area and the machine can still be turned on. Surely this shouldn’t be allowed? Are you able to supply some safety information for me please?
You are right - operating unguarded machinery, or machinery with a faulty sensor guard or one that does not adequately cover the area required, absolutely is not permitted. Being able to isolate or shut down the equipment when performing maintenance and cleaning tasks is critical to the safety of those workers.
The guarding of machinery is covered in the OHS Regulations at regs.99-100. We have information about your employer’s duties regarding Plant and Machine Guarding on our OHS Reps site. A risk assessment of the issue you describe would show a severe risk, given the severity of potential (even fatal) consequences.
If the sensor is not faulty but simply does not cover the entire area needed to deactivate the machinery, then a Lock Out – Tag Out (LOTO) system should be implemented as well as the sensor.
As an employee-elected HSR you have many rights to raise this issue with management for resolution–
- Does your workplace have an Equipment Danger Tag system? If you do, immediately tag this machine out and notify management. If not, you can use your power to issue a direction to cease work until the issue is resolved – this doesn’t mean all work stops, just the work that presents a risk with this machine
- From your email I assume you have already conducted an inspection on the machine and spoken to relevant DWG members. Make notes and if required use your powers to take photographs, measurements, recordings, etc. and to seek assistance from other persons e.g. maintenance, DWG members
- Consult with your DWG (and other relevant HSRs) to clarify situation, and how you want it to be controlled – having a consensus amongst DWG members and HSRs means that you can be confident in your consultation with management
- You need to check that this issue has been formally reported through your workplace’s hazard reporting system. Once reported, your employer has a duty under s.21 of the OHS Act to respond and resolve the issue, in consultation (Duty to consult) with employees and HSRs
- Check your employer’s issue resolution procedure if you are not familiar with it
- Request that your employer investigate the issue, come up with controls – potentially also including a LOTO system - implement and review them, etc. You have the right to see any information your employer has relating to the identified hazard and be consulted at each step
- Remember to document everything – notes from conversations, photos of relevant equipment, etc
Should your employer push back or delay on the issue resolution process for this very serious hazard, or on an issued direction to cease work, I urge you to contact your union for direct support and guidance to manage the next steps e.g. issuing a PIN.