An employer's system of work is assessed by reference to the procedure actually followed in practice, not the procedure the employer asserts should have been followed. Where an experienced employee's actions in attempting to remove an entangled article are consistent with the procedure regularly followed, the cause of an accident is the inadequacy of the system rather than employee disobedience. A fine of $10,000 (out of a maximum of $100,000) was appropriate for a first offence involving a hand injury requiring surgery and 10 weeks off work.
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