Introduction
Accused: Willow Ware Australia Pty. Limited ABN / ACN: 004 316 027
Industry: Manufacturing, Logistics and Agriculture  Accused Type: Company (ACN)
Date of Offence: 18/02/2009 Date of Determination: 04/08/2011
Incident: Crush Injuries Judge / Magistrate: G McNamara
Incident Summary: Willow Ware Australia Pty Ltd is involved in the manufacture of plastic products. The accused failed to: - ensure the safety mechanical locking device designed to prevent the top of the die plate on pneumatic de flashing machine 9440B02 from lowering was effective, when the gate was in raised position. - ensure that the safe permits / lock out procedures were followed when repair work was conducted on plant On 18 February 2009 two employees received serious hand injuries when the two tonne pneumatic cutting die on deflashing machine 9004 (Press no. 4) operated from above while they were trying to replace a faulty switch on the machine. The deflashing machine is a pneumatic (air) operated machine used to trim excess plastic (flashing) from Toyota parts. A pneumatic switch activates the initial movement of the main pneumatic ram when the gate is down. A second switch activates the main pneumatic cylinder, and a third pneumatic switch initiates the return of the main ram to the top and the opening of the slide gate. One of the employees took a replacement pneumatic switch from another machine and was fitting it to the deflashing machine. He removed the airlines to the switch but did not disconnect the air supply to the machine. The pneumatic switch on the slide gate was operated inadvertently by another employee when he touched the switch. The employee replacing the switch tried to get his head and shoulder out of the machine by pushing the machine back up. His right hand was crushed in the machine. The other employee tried to stop the press from coming down/slow it down by pushing the die up with his hands. His hand was partially amputated.
Court Number: Y03067357 Jurisdiction: Magistrates Court

Charges
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 of $9,399.02)