Victorian education department fined $150k after student's fingers severed

The Victorian Department of Education has been fined $150,000 after a year 10 student had three fingers severed by a guillotine in a jewellery design class.The Department of Education pleaded guilty to two charges of breaching the Occupational Health and Safety Act in Wodonga Magistrates' Court today.In addition to failing to ensure students' health and safety, it had been charged with failing to provide supervision and failing to implement safety measures such as signage and competency tests.In a summary of agreed facts read to the court, the guillotine was identified as a Metal Master Treadle Guillotine model SG416A, operated by a foot pedal, that lowered a metal beam and created a shear point with the guillotine table.The court also heard that the machine had no rear guarding.Students left unsupervisedThe court heard an art teacher at Beechworth Secondary College was supervising a jewellery class on February 9 2024 when a student, known as C, had asked if they could use a specific guillotine located in a back room attached to a main classroom.The guillotine in that room was not in direct line of sight to the main classroom.Another teacher then entered the classroom and asked the art teacher about a filing cabinet outside.The two teachers stepped outside to deal with the cabinet, leaving four students unsupervised.One student, referred to in court as M, operated the machine by pressing the pedal while the student who was injured measured metal at the rear, with his hand away from the cutting blade but still near the shear point between the edge of the beam and the table.The injured student confirmed his fingers and hands were clear while holding metal at the rear of the machine, then told M to cut.As M started to press the pedal, student C yelled at him to stop because he could see the other student's hand was still in the danger zone.But the beam had been lowered to the table, severing three of the student's left fingertips.The student was flown to Royal Melbourne Hospital, and stayed there for nine days after the incident. (ABC News: Natalie Whiting)The injured student was transported to the Royal Melbourne Hospital and stayed there for nine days. Apart from one day, they did not return to school for the rest of the term.Investigation revealed shortfallsAlthough a safe work procedure existed and risk assessments had been conducted in previous years, no risk assessment or competency records were completed from the beginning of the first term of 2024 until the day of the class.WorkSafe were also notified of the incident and attended the school a few days later on February 12.A department investigation found inadequate supervision, a lack of guarding and signage on the machine and missing training records.A prohibition notice also required the guillotine be locked, have extra signage, and be operated only by trained staff.The case was heard in Wodonga Magistrates' Court. (ABC Goulburn Murray: Erin Somerville)The court heard that later that month two new guillotines, with guarding on their rear, replaced the older models.In March 2024 the school's principal told inspectors she had not found any documented risk assessments for the class in question.The department also updated and published its plant and equipment management policy and safe work procedures online to improve accessibility and visibility for school staff after the incident.Defence lawyer Felicity Fox told the court the department's investigation and actions showed its commitment to safety.This included an updated hazard alert guideline on the use of guillotines in classrooms and updated safety procedures for Beechworth Secondary School."I want to make it clear in this plea that the department's taken both this incident and this prosecution very seriously," Ms Fox said."[It] is evidenced in my submission by the very early plea of guilty and the significant steps that the department has implemented both at the school and across the department."The court heard that Beechworth Secondary College had since relocated the trades classrooms to provide a better line of sight to guillotines.Victim impact statements from the student and their family were submitted but not read aloud in court.'Horse has already bolted'Magistrate Peter Dunn told the court that statements and material submitted to the court suggested there had been "some kneejerk reaction from some people at the school, including teachers or otherwise"."They haven't really wrapped their arms around the victim," he said.In reply, Ms Fox said psychologists and student support services were made available immediately after the incident.She also said the department's conduct and integrity division had "ongoing involvement and an investigation", but said it was inappropriate to comment further.When imposing the fine, Magistrate Dunn credited the department with taking steps to replace the machine and updating procedures, but said the incident was serious and warranted conviction."Here we have a machine that has an obvious, in my mind, defect," he said."It's not guarded, there's no lines painted around it, there's no signs outlining operating procedures, there's no safe system … put in place for its use."I suppose in one sense the horse has already bolted."Magiustrate Dunn said the school would have certainly desired a better outcome.Magistrate Dunn told the family of the injured student that he recognised the devastating impact the incident had on their lives.