Court Summary - at a glance
Date of offence:
8 January 2021
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
Starting point for fine of $550,000
Discounts of 55% = $247,500
Final fine of $18,000 due to financial incapacity
Discounts of 55% = $247,500
Final fine of $18,000 due to financial incapacity
Safety lessons learned:
Being a PCBU, having a duty to ensure, so far as reasonably practicable, the health and safety of workers who work for the PCBU while the workers are at work in the business operating the Torrey M-22 RW Grinder, did fail to comply with that duty and that failure exposed individuals, including Losa Sale, to a risk of serious injury.
It was reasonably practicable for Bakeworks Limited to have:
- Ensured that the grinder was adequately guarded (to the standard described in AS/NZS 4024 or better)
- Implemented an inspection and maintenance programme for the grinder to ensure that a competent person regularly inspected, tested, and maintained the grinder’s guard and safety control system
- Developed safe operating procedures for the grinder, including procedures for dealing with blockages during operation
- Ensured that workers were adequately trained in the safe operating procedures for the grinder and were closely supervised until they demonstrated an adequate level of competence.
Defendant name:
Bakeworks Limited (8 January 2021 incident)
Industry:
Manufacturing
Date of offence:
8 January 2021
Facts in brief:
On 8 January 2021, Ms Losa Sale (the victim) was operating a Torrey M-22 Meat Grinder which was used to grind seeds for baking products.
While pushing the seeds down into a funnel located on top of the machine, using her hand and a stomper, her hand was sucked into the unguarded machine and became entangled. All four fingers on her left hand were severed through the knuckle. Her fingers were unable to be reattached.
While pushing the seeds down into a funnel located on top of the machine, using her hand and a stomper, her hand was sucked into the unguarded machine and became entangled. All four fingers on her left hand were severed through the knuckle. Her fingers were unable to be reattached.
Related prosecutions:
Offence section:
Sections 36(1)(a), 48(1) and (2)(c) of the Health and Safety at Work Act 2015
Date(s) charged:
16 December 2021
Court:
Waitakere - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
Starting point for fine of $550,000
Discounts of 55% = $247,500
Final fine of $18,000 due to financial incapacity
Discounts of 55% = $247,500
Final fine of $18,000 due to financial incapacity
Maximum fine available:
$1.5 million
Reparation:
Emotional harm - no orders for emotional harm necessary (the defendant made payments to both victims over and above any orders for emotional harm and consequential loss), however the court stated it would have awarded emotional harm of $50,000 for Ms Sale (January incident) and $20,000 for Ns Armesto (June incident).
Costs - legal costs of $7,177.24. Expert costs of $3,000.
Costs - legal costs of $7,177.24. Expert costs of $3,000.
Related Documents:
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