Defendant: CMA Recycling Victoria Pty Limited ABN / ACN: 005 667 103
Industry: Manufacturing, Logistics and Agriculture  Defendant Type: Company (ACN)
Date of Offence: 04/10/2007 Date of Determination: 15/07/2009
Incident: Unguarded plant Judge / Magistrate: G McNamara
Incident Summary: CMA Recycling Victoria Pty Ltd (“CMA”) operates a scrap metal business at Heatherdale Road Ringwood. It owned 2 identical slitter baler machines (“baler machines’) which were located against a wall and are 3 metres apart from each other. One person operated both machines. The purpose of the baler machines was to compact small pieces of aluminium into small bales for transport. CMA employed various persons to operate the machines. CMA failed to provide and maintain fixed and interlocked guards to the machines while they were in motion as well as failing to conduct adequate hazard identifications and risks assessments in relation to the machines. It further failed to provide adequate procedures for the safe use of the machines and to supervise employees to ensure that unsafe work practices were not adopted. On 4 October 2007, an employee process worker, who had worked for CMA for a period of 2 months, sustained an amputation of his left hand as a result of operating an inadequately guarded slitter baler machine.
Court Number: Y00396362 Jurisdiction: Magistrates Court

Act & Section [Maximum Penalty]	Count(s)
OH&S Act 2004 - s 21(1) & (2)(a) Employer failed to provide & maintain so far as was practicable for employees a safe working environment - plant & systems of work [1800 penalty units individual 9000 penalty units body corporate] Indictable offence triable summarily	1

Plea: Guilty Fine: $50,000.00
Result: Without conviction
Fine (Costs awarded to the VWA in the sum of $2,366.17 )