Prosecution Details

Being an employer, failed, so far as was practicable, to provide and maintain a working environment in which employees were not exposed to hazards; contrary to sections 19(1) and 19A(3) of the Occupational Safety and Health Act 1984.

The Accused was, at all material times, a trustee of the Siobhan and Mark Farrell Family Trust trading as Pizza Express Hilton ("Pizza Express"). Pizza Express carries on a fast food pizza business located at 190 Carrington Street, Hilton ("the workplace"). At the time of the incident Pizza Express employed several people including the injured person who was employed as a pizza maker for Pizza Express.

On 17 September 2006 the injured person attended the workplace and began working. At approximately 4.00 pm he was rolling pizza bases with the pizza base rolling machine. This is an IGF Italstampi Pizza Roller that had been at the workplace for approximately 2 years. This machine has two sets of rollers, one above the other, and the engage switch for the roller is located at the top left hand side of the machine. The power switch for the machine is located at the bottom of the left hand side of the machine. A ball of dough is fed into the top rollers and flattened. It then slides to the second set of rollers below and is further flattened. The pizza base is then removed by hand. The machine was supplied fitted with guards as per the manufacturer's specifications. These guards were later removed by the Accused because dough kept getting stuck in the rollers and it was easier to remove with the guards removed. I

On 17 September 2006 this pizza roller was not fitted with guards over the 2 sets of moving rollers of the machine that flattened the dough to make pizza bases.

Whilst using the roller a pizza base became stuck on the bottom of the two sets of rollers on the machine. The injured person attempted to switch the machine off to free the pizza base by placing his right hand on the top right hand corner of the machine to steady himself and by reaching with his left hand to turn the machine off. In attempting to turn the machine off in this manner his right hand missed where he had intended to grip and slid down onto the top set of rollers. His middle and ring fingers on his right hand were crushed between the top rollers. He immediately turned the machine off but his fingers remained crushed between the top rollers.

Co-workers unsuccessfully attempted to release his fingers. Emergency services were called. It was approximately 20 minutes before he was released from the machine.

The plastic guards were refitted to the machine the following day after he was injured. The guards had at all times been at the workplace.

It was practicable at all times for these guards to have been fitted in accordance with the manufacturer's specifications and for the Accused to have brought this specific risk to the attention of its employees through training and by reference to the manufacturer's operator's manual for this machine.

Plead Guilty