Employer Fined For Failing To Act On OHS Recommendations 31 March 2010 An employer was fined $95,000 after the NSW IR Commission found that it failed to act on the recommendations of a commissioned risk assessment after an employee’s finger was partially amputated. The employer was a manufacturer and supplier of advanced hospital equipment and technology.  The employee was employed as a fabricator in the press shop at the employer’s premises and his duties included the pressing, bonding and cutting of metal into various shapes and sizes as well as the patching of holes using the presses. A risk assessment conducted by an OHS consultant during November 2006 identified a flaw with the press machine.  The employer was notified of the flaw in a written report but failed to act on the report’s recommendations to remedy the defect. Aware of the defect, a supervisor verbally instructed the employee not to insert his hands into the machine. However, during February 2008, the employee was operating the riveting tool on a press machine when the tool became jammed in a steel tube.  The employee attempted to remove the jam by placing his hand into the work area.  As he attempted to clear the jam, the machine started and crushed the top of his right middle finger, resulting in its partial amputation. The employee, who had no relevant prior convictions, admitted guilt. In assessing the penalty, the NSW IR Commission took into account that: •     the machine had since been modified and was partially guarded •     an extra guard had been installed to block another gap •     a written work instruction was developed for the safe set-up and operation of press machines •     the employer had expressed remorse and assisted the injured employee in a “tangible manner”. The employer was therefore fined $95,000 with a half to be paid to the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, which initiated the prosecution. Bastian v Medicraft Hil-Rom Australia Pty Ltd [2010] NSW IR Comm 34 (19 March 2010).