Introduction
Accused: Jalor Tools Pty Ltd ABN / ACN: 006 263 323
Industry: Manufacturing, Logistics and Agriculture  Accused Type: Company (ACN)
Date of Offence: 21/12/2006 Date of Determination: 25/08/2008
Incident: Fatalities Judge / Magistrate: A Chambers
Incident Summary: Jalor Tools Pty Ltd operates a tool design and manufacture business in Bentleigh East A woodworking company that manufactures solid timber and Medium Density Fibre (MDF) doors using a variety of woodworking machinery approached the defendant towards the end of 2002 to manufacture a router tool that was required to cut a specific angle into a door. The defendant was supplied with a description of the finish that was required and the defendant subsequently designed, manufactured and supplied a tool that would achieve this. On 5 December 2002, the defendant supplied a Large Panel Raising Router to the woodworking company. The tool showed no signs of being balanced and no other information was supplied with the tool. The tool was not marked with its maximum rotational speed. The Australian Standard 1473 provides that: ‘Rotating tools, except boring tools, shall be marked with the maximum permissible speed’. ‘Rotating tools shall be balanced to minimise vibration’. ‘The operator should ensure that the correct rotational speed has been selected and is appropriate for the tooling being used on the machine’. Evidence suggests the safe maximum operating speed for the tool is between 6,000 to 8,000 RPM. The rotational speed of the tool at the time of the incident was 15,000 revolutions per minute (RPM). Evidence also suggests the shape and size of the tool was inappropriate. On 21 December 2006, the daughter of the owners of the woodworking company (an employee) was finishing an order of doors, which were machined from a solid piece of timber using the Large Panel Raising Router tool in a CNC machine. The machine was routing a pattern on to a door when the Large Panel Raising Router tool broke into 3 pieces. One piece of the tool exited the front of the machine, hitting her in the chest, fatally injuring her and another piece of the tool exited the rear of the machine, hitting the factory wall. The third piece of the tool remained in the machine. It is alleged that Jalor Tools Pty Ltd owed a duty to design, manufacturer and supply plant (tools) that were safe and without risks to the health of persons using the plant.
Court Number: W03120018 Jurisdiction: Magistrates Court

Charges
Act & Section [Maximum Penalty] Count(s)
OH&S Act 2004 - s 24(1) Self-employed person failed to ensure that their undertaking did not expose people to health & safety risks [1800 penalty units] Indictable offence triable summarily 6
OH&S Act 2004 - s 23(1) Employer failed to ensure that their undertaking did not expose people (other than employees) to health & safety risks [1800 penalty units individual 9000 penalty units body corporate] Indictable offence triable summarily 1
Plea: Not Guilty Fine: $0.00
Result: Committed to trial