An employee lost part of a finger when using a machine to shape tubing. The machine had been modified so longer pieces of tubing could be inserted.  This left some of the machine unguarded and the employee’s hand was caught in it.

The Court imposed a fine of $39,375 and ordered reparation of $15,000 be paid to the employee.

The employer need to ensure it had taken all practicable steps to prevent injury to its employees and had failed to do so.