Court Summary - at a glance
Date of offence:
16 March 2016
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
$35,000
Safety lessons learned:
- Identify the hazard of engulfment within grain silos;
- Develop, communicate and enforce effective policy and procedures for confined space work which includes:
- Hazard identification;
- Risk assessment;
- Permit to work;
- Training requirements;
- Competency assessment;
- Supervision;
- Isolation of all services;
- Atmospheric monitoring;
- Safety equipment requirements;
- Personal protective equipment requirements; and
- Emergency planning.
- Ensure employees receive sufficient training in regards to confined space work and work at height;
- Monitor employees’ performance in regards to confined space work, work at height and lockout of equipment;
- Provide suitable and sufficient safety equipment to ensure work in confined spaces and at height is carried out safely; and
- Supply suitable and sufficient safety equipment to perform a rescue from a confined space in the event of an emergency.
Defendant name:
Austin Bros (1980) Limited
Industry:
Agriculture
Date of offence:
16 March 2016
Facts in brief:
Two electricians (the victim and a co-worker) entered a grain silo on a farm in Southland to wire up a motor that powers the grain stirrer.
While the electricians were working inside, the outfeed auger on the silo was started. The farmer did not communicate to the electricians that the silo would be emptied. As a result, the grain inside the silo rapidly sunk down. The victim, who was standing at the time, sunk into the grain. The victim’s co-worker exited the silo, shut off the auger and raised the alarm that the victim was trapped. They managed to free the victim who was completely engulfed in grain.
The victim was transferred to Dunedin hospital via helicopter for a medical assessment and discharged later that afternoon. In total 15 people were exposed to the risk including emergency personnel.
While the electricians were working inside, the outfeed auger on the silo was started. The farmer did not communicate to the electricians that the silo would be emptied. As a result, the grain inside the silo rapidly sunk down. The victim, who was standing at the time, sunk into the grain. The victim’s co-worker exited the silo, shut off the auger and raised the alarm that the victim was trapped. They managed to free the victim who was completely engulfed in grain.
The victim was transferred to Dunedin hospital via helicopter for a medical assessment and discharged later that afternoon. In total 15 people were exposed to the risk including emergency personnel.
Related prosecutions:
Offence section:
Sections 6 and 50(1)(a) of the Health and Safety in Employment Act 1992
Date(s) charged:
Court:
Gore - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
$35,000
Maximum fine available:
$250,000
Reparation:
$5,000
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