On 7 August 2025, a manufacturer and supplier of stamped metal was sentenced in the Beenleigh Magistrates Court for breaching section 32 of the Work Health and Safety Act 2011 (Qld) (‘the Act’), having failed to comply with its primary health and safety duty.

The defendant conducts a business in the manufacture and supply of stamped metal. The defendant owned a P11 Bliss Metal Press Machine (‘P11 press’) which was fitted with an interlocking guard that would prevent the press from cycling if the safety guard was not pulled down.

On 31 August 2023, a worker was operating the P11 press. The worker kept his hands on two MD plates on the tool bed without pulling the safety guard down into place and stepped on the foot pedal which activated the press and crushed his fingers. The fingertips of the worker’s left index finger, and right index and middle finger were amputated at the distal knuckle. The tip of his left middle finger was able to be surgically reattached.

The P11 press was used infrequently. It was discovered that a bolt on the safety rod of the guard had come undone. This missing bolt was the reason the interlocking guard failed, and why the press was able to actively cycle with the safety guard lifted.

The defendant was sentenced on the basis that it failed to eliminate or minimise the risks by ensuring that:

1. Maintenance was regularly conducted on the P11 Bliss Metal Press;
2. Safe Operating Procedure for the work activity, included:
   
   1. Pre-start checks of the P11 Bliss Metal Press to be conducted before any work activity was performed; and
   2. Workers were directed to cease the work activity if there had not been compliance with the Safe Operating Procedures.

His Honour considered the press to have a high degree of danger attached to it and given the importance of the interlocking guard it was absolutely critical to ensure maintenance of the press. The consequences are extremely serious for the injured worker, an injury that was entirely avoidable.

In imposing a sentence, his Honour accepted had regard to the need for general deterrence, specific deterrence to a lesser degree, and denunciation.

In mitigation, his Honour accepted the defendant’s early plea of guilty, lack of prior offending, demonstrated remorse, and the ongoing care provided to the injured worker.

OWHSP contact: enquiries@owhsp.qld.gov.au