[Extract from Queensland Government Industrial Gazette,
dated 27 February, 2009, Vol. 190, No.8, pages 149-151]
INDUSTRIAL COURT OF QUEENSLAND
Workplace Health and Safety Act 1995 - ss. 152 and 154 - appeal against decision and application for a stay
Holmwood Highgate (Aust) Pty Ltd AND Bill Findlay, Acting Regional Director
Workplace Health and Safety Queensland (C/2009/3)PRESIDENT HALL / 13 February 2009
When the Appeal and Application for a Stay were mentioned on 5 February 2009, it was acknowledged that the Appeal and the Application for a Stay should have been brought not against the decision of Bill Findlay, Acting Regional Director Workplace Health and Safety Queensland, but against the decision of the Director-General of the Department of Industrial Relations who is the Chief Executive Officer under the Workplace Health and Safety Act 1995. Amendment of the Application to Appeal (which incorporates the Application for a Stay) was allowed.
After hearing Mr McPherson for the Appellant and Mr Watson for the Respondent and by consent of the parties, the Court ordered that the decision of the Director-General of the Department of Industrial Relations being also the Chief Executive Officer under the Workplace Health and Safety Act 1995, given on 8 January 2009 and directed to Holmwood Highgate (Aust) Pty Ltd, be stayed until further order of the Court conditionally on the Appellant observing the safe work procedures contained in a document marked Exhibit 1, which I reproduce below (formal parts omitted):
"1. Always have both hands on the miller. Do not remove handle. Do not grip miller around the gearbox.
2. Always clamp or secure work piece, especially small work pieces. Do not use your foot to secure work piece.
3. Never use miller backhanded or upside down.
4. Never use a miller in corner situations where the blade can contact a perpendicular surface to the work surface. This will cause a violent kickback.
5. Always disconnect airline when miller not in use. The switch could accidentally be bumped into the 'on' position.
6. Always check the switch on the miller is in the 'off' before connecting airline.
7. Always make sure the milling blade has stopped spinning before putting it down, or when adjusting work piece.
8. When using a miller in a kneeling position, do not work towards your legs.
9. Be observant --- do not spray shavings on other people working in close proximity, or work towards them. Maintain a safe working distance of 2 meters.
10. Never let go of the front handle on the grinder.
11. Never use the milling blade if it is blunt, missing teeth or damaged in any way. Replace immediately.
12. Check guards daily. Tighten if loose.
[sic] Always use a Face Shield when using a miller. NO EXCEPTIONS.
14. Do not distract or talk to anyone using miller. Wait for them to stop and keep clear until milling blade stops.
15. Do not work off ladders or unstable surface area with millers.
16. Do not cut anything that is in tension or compression with the miller. Do not cut steel with miller.
17. Never attempt to twist a miller blade in a cut. Straight cuts only.
18. Always wear leather gloves when using a miller. NO EXCEPTIONS.
19. Always were full-length leather sleeves. NO EXCEPTIONS.
BE AWARE, THAT WRITTEN WARNINGS WILL BE ISSUED TO STAFF THAT DON'T FOLLOW THESE PRACTICES
Other references – SWP 01 – Angle Grinders.".
As a matter of prudence I confirm the Order set out above. The matter is adjourned to a date to be fixed. Each of the Appellant and Respondent has liberty to approach the Industrial Registry to request the listing of the Appeal and to request the issue of any necessary Directions Orders.
Dated 13 February 2009.D. R. HALL, President.
Released: 13 February 2009 / Appearances:
Mr J. McPherson, of MVM Legal, Solicitors for the Appellant.
Mr R. Watson, of Division of Workplace Health and Safety, for the Respondent.
Government Printer, Queensland
ÓThe State of Queensland 2009.