(Re Boles) WorkCover Authority of NSW (Inspector Pile) v Fletcher International Exports Pty Ltd [2014] NSWDC 181

District Court New South Wales

Medium Neutral Citation: (Re Boles) WorkCover Authority of NSW (Inspector Pile) v Fletcher International Exports Pty Ltd [2014] NSWDC 181 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 $150,000 Legislation Cited: Work Health and Safety Act 2011 Category: Sentence Parties: (Re Aimen Boles) WorkCover Authority of New South Wales (Inspector Pile) (Prosecutor) Fletcher International Exports Pty Ltd (Defendant) Representation: B Neild appeared for the Prosecutor R Reitano appeared for the Defendant WorkCover Legal Group (Prosecutor) Leigh Virtue & Associates (Defendant) File Number(s): 2013/379548

Judgment 1On 21 June 2012 Mr Aimen Boles, an employee of the defendant Fletcher International Exports Pty Ltd, suffered injuries to his right hand when the hand became caught in a conveyor belt in the boning room at the defendant's abattoir works at Dubbo. 2The injuries occurred because a conveyor belt passing over a chute in which Mr Boles, a cleaner, was placing waste "aitch" bones collected by him from the floor had sagged over and above the chute, partially occluding the working space. As Mr Boles attempted to place a bone into the chute it fell onto space between the advancing and retreating parts of the conveyor belt. When Mr Boles attempted to retrieve the bone his hand was caught and jammed between the belt and some fixed part of the system. He was unable to stop the conveyor, because the emergency stop switch was located out of his reach. 3Fletcher International Exports Pty Ltd pleads guilty to the charge that, contrary to its duty under section 19(1) of the Work Health and Safety Act 2011 it failed to ensure so far as was reasonably practicable, the safety of Mr Boles in that it: failed to ensure that auxiliary tension rollers were engaged so as to prevent the sagging of the conveyor belt. failed to ensure that an emergency stop switch was in a position where it could be reached by Mr Boles. 4Mr Boles suffered serious injuries including a hairline fracture within his right wrist, and a deep laceration in which the ulna nerve was completely severed. Although he has regained normal function in the hand he is left with some loss of sensation and occasional aches and pains. Mr Boles was caught in the machine for about two minutes with the belt still running before a fellow worker heard his cries and turned it off. He says he has recurrent nightmares involving the event.