Untrained forklift operator loses arm

A 22 year old forklift operator was cleaning an agitator in an industrial mixer used in the processing of concrete. The machine was unsafe in that the guard had earlier been removed. The worker (who had not cleaned out the machine before), reached into the machine to remove a piece of concrete with his hands and became entrapped - so severely that a surgical team had to amputate his arm at the shoulder to effect a rescue.

Justice Fisher, in his judgment stated it seems doubtful, on evidence, that effective training was given to employees about safe working. The management claimed training was given. The evidence which I accept, strongly suggests that the injured employee had not been appropriately trained on the operation of the GRC machine. Though he may have been asked on occasions to assist in some work, or in the vicinity of the machine.

The fine imposed was $65,000 to the company and $20,000 to the manager.

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