Education Queensland charged over severed fingers at Dysart State High School

Shock details have emerged of how a year 12 student was injured in a horror saw incident at a regional school, but there are legal moves in play to have the case dropped.

Shock details have emerged of how a year 12 student severed his thumb and three fingers during a horror saw incident during a manual arts class at a Central Queensland school.

As a result Education Queensland is charged with failing to comply with health and safety duty category two, but the department is making legal moves in a bid to have the case dropped.

Court documents sighted by this publication revealed the incident occurred about noon on June 1, 2018 at Dysart State High School.

The year 12 student had been using a Makita Model LS 1040 compound mitre saw “using off cuts of rosewood to make coasters”.

The teen held the timber piece with his left hand and activated the blade with his right hand, bringing it down.

“As the blade made contact with the timber it started to move and (the teen’s) left hand came into contact with the moving blade,” the documents stated.

As a result the teen’s thumb and three fingers were amputated.

Work Health and Safety prosecutors allege Education Queensland breached its duty exposing the teen to a risk of death or serious injury of which it ought to have been aware.

It is alleged the department failed to ensure teachers supervising the students were “adequately trained and experienced in the use of all plant to be used during the classes”.

Prosecutors also alleged Education Queensland did not adequately assess the task of using the saw to cut unprocessed and undressed hardwood or train, assess and monitor students in regard to use of the saw when working with hardwood, particularly of shortened length.

Further it is alleged the school could have prohibited use of unprocessed and undressed timber, in particular of shortened length, when working with the saw and ensured clamps were available and used for securing unprocessed and undressed timber prior to operating the saw.

The court documents state Education Queensland was in the process of “pursuing an enforceable undertaking in relation to the matter”.

Lawyers for the department have asked for more time “to finalise the proposed enforceable undertaking and submit to the regulator for a decision”.

The Work Health and Safety Act 2011 allowed “a written undertaking as an alternative to prosecution”.

If accepted it becomes an enforceable undertaking and court proceedings would be discontinued, but if rejected the court case would recommence.

The student was using a Makita compound saw to make coasters when the horror incident occurred.

The court documents state an enforceable undertaking is a “legally-binding agreement” requiring a commitment to develop and implement effective and long-term safety initiatives within the workplace, industry and community.

“The Department of Education has been engaging in the EU process for this matter, however it has not yet finalised and it is unknown how much longer it will take,” a spokesperson for the Office of the Work Health and Safety Prosecutor said.

“Entering into an EU is a lengthy and detailed process, however if an EU is approved by the Regulator, the charge before the court is discontinued.

“Though if the EU is not complied with, the prosecution can be recommenced.”

The matter is listed for mention in Emerald Magistrates Court in September.

When contacted for comment an Education Queensland spokesman said the department was unable to comment as the matter was before the courts.

“The safety of students and staff is the department’s highest priority and it takes any incident involving harm extremely seriously,” the spokesman said.