(Re Jun Yong Lee) WorkCover Authority of NSW (Inspector Pile) v Fletcher International Exports [2014] NSWDC 179

District Court New South Wales

Medium Neutral Citation: (Re Jun Yong Lee) WorkCover Authority of NSW (Inspector Pile) v Fletcher International Exports [2014] NSWDC 179 Hearing dates: 21/08/2014, 26/08/2014 Decision date: 26 August 2014 Before: Curtis J Decision: I find the defendant guilty as charged The defendant is fined $75,000 with a moiety to the WorkCover Authority of New South Wales Catchwords: OCCUPATIONAL HEALTH AND SAFETY - crush injury - abbitoir worker Legislation Cited: Occupational Health and Safety Act 2000 Category: Sentence Parties: WorkCover Authority of New South Wales (Inspector Pile) Prosecutor Fletcher International Exports (Defendant) Representation: R Reitano (Prosecutor) B Neild (Defendant) WorkCover Legal Group (Prosecutor) Leigh Virtue & Associates (Defendant) File Number(s): 2012/118935

JudgmENT 1On 30 June 2011 Mr Jun Young Lee, an employee of the defendant Fletcher International Exports Pty Ltd, (Fletcher) suffered serious crush injuries to his right hand and arm when the limb became trapped in the nip point between the belt and roller of a conveyor at the defendant's abattoir at Dubbo. 2The injuries occurred because the nip point was unguarded, and also because the conveyor did not have an emergency stop switch within reach of Mr Lee. 3Fletcher has pleaded guilty to the charge that its failures to guard the nip point and provide an emergency stop switch were breaches of the duty imposed by section 8(1) of the Occupational Health and Safety Act 2000 to ensure so far as practicable the health safety and welfare at work of Mr Lee. 4The accident occurred when Mr Lee was engaged in cleaning the floor of an accumulation of salt. He did this by shovelling the salt from the floor onto the moving conveyor by which it was carried to a bucket placed under the tail end. Mr Lee attempted to remove a build up of salt at that place by brushing the conveyor belt with his right hand. As he did this his right hand or glove was caught in the nip point, drawing his whole his arm into the roller. 5Mr Lee suffered crush/avulsion injuries to the whole of his arm involving multiple joints and tissues, and deep lacerations to his right thumb and hand with a median nerve damage. He was hospitalised for almost 6 weeks and still experiences pain and discomfort and loss of some sensation in his right arm. He has significant scarring on his right arm, and on his thigh, where a skin graft was taken.