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ABC News
ABC News
Health
Francesco Salvo 

Gannawarra Shire Council pleads guilty to safety violations over Kerang thumb amputation

Gannawarra Shire Council was fined $15,000 in Kerang Magistrates' Court but no conviction was recorded. (Supplied: Magistrates' Court of Victoria)

A northern Victorian council has been slapped with a $15,000 fine after pleading guilty to workplace safety breaches that resulted in an employee losing part of his hand.

The incident occurred in October 2019 when the man, a diesel mechanic employed in Kerang by the Gannawarra Shire Council, was attempting to adjust the height of a hydraulic press that had a broken handle.

He reported the fault to his supervisor, but the equipment was not shut off or labelled to indicate it was defective and should not be operated.

Instead, the mechanic was asked to try removing a pin from the machine while another used a forklift to support its base.

The mechanic's left thumb became caught in a pinch point when the forklift moved, causing the tip of the digit to be crushed and severed. 

WorkSafe Victoria charged the council with four breaches of the Occupational Health and Safety Act over the incident, noting that it neglected to inform the Victorian work cover authority about the severed thumb until three months later and failed to prevent the accident site from being disturbed before it could be inspected.

The diesel mechanic's thumb was severed when he tried to operate a broken hydraulic press similar to this one. (Flickr: Marc Buehler)

Worksafe Victoria also found that the council had no formal procedure for "isolating or tagging out" defective equipment, which placed those using the hydraulic press at risk of "serious injuries or death from amputation or entanglement."

The council pleaded guilty in the Kerang Magistrates Court and was sentenced without conviction to pay a fine of $15,000 as well as costs of more than $4,000.

In handing down its decision, the court recognised that there had been an informal process for securing faulty equipment and — despite its failure to report the incident — the council had considered its obligations under the Occupational Health and Safety Act. 

In a statement, Gannawarra Council's chief executive officer, Tom O'Reilly, acknowledged the court's decision.

"Council notes the outcome including that no conviction was recorded," he said.

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