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Court Summary - at a glance

Date of offence:
19 July 2018
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$ 230,343.75

Safety lessons learned:

Ensure that there was in place an effective system for monitoring and supervising workers while working with Boiler.

Defendant name:
Affco New Zealand Limited (Moerewa)
 
Industry:
Manufacturing
 
Date of offence:
19 July 2018
 
Facts in brief:
Affco is a meat processing business with processing plants around the country. At the time of the incident, the plant at Moerewa used a coal-fired boiler, which required a boiler attendant to monitor and regularly check its operation. The victim was employed as a boiler attendant approximately two months prior to the incident. While the victim held a boiler attendant qualification (enchem level 3), this was a necessary but not sufficient qualification to have sole charge of the boiler and the victim was provided further on-the-job training from the existing boiler attendants when joining Affco. During a shift when the victim had sole charge of the boiler, he went to check the bed of the furnace. On opening the furnace door, the victim saw that a pile of solid fuel had built up just inside the door of the furnace. The victim observed the pile of fuel change from dark to glowing red. The victim turned away from the furnace and felt flames burst past him from the furnace door.

The victim sustained significant burns to approximately 80% of his body. He was placed in an induced coma for approximately six weeks and has required multiple surgeries since the accident, including multiple skin grafts. The victim will continue to require further surgery over the next decade or so.
 
Offence section:
Sections 48(1) and 2(b), and 36(1)(a) of the Health and Safety at Work Act 2015
 
Date(s) charged:
17 July 2019

Court:
Whangarei - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$ 230,343.75
 
Maximum fine available:
$1.5 million
 
Reparation:
$65,000 for emotional harm
$1,123.80 costs