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Court Summary - at a glance

Date of offence:
30 May 2016
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$60,000 (reduced to that amount due to the financial capacity of the defendant)

Safety lessons learned:
  1. Ensure an effective risk assessment of the Hot Stamping Press Machine was undertaken by a competent person before use.
  2. Provide appropriate guarding on the footswitch to ensure the actuator of the Hot Stamping Press Machine was prevented from accidental operation.
  3. Provide adequate controls to prevent workers from being exposed to the moving parts of the Hot Stamping Press Machine.
  4. Ensure the provision of adequate training and instruction to protect workers from the risks and hazards associated with the use of the Hot Stamping Press Machine.

Defendant name:
E.S. Plastics Limited
 
Industry:
Manufacturing
 
Date of offence:
30 May 2016
 
Facts in brief:
The victim was employed by the defendant as a machine operator. On the day of the incident the victim was working on a hot stamping press machine. The machine was in its first day of operation and this was the first time the victim had used the machine. The victim was cleaning spoiled film from the machine when he inadvertently moved the footswitch with his knee. It slid underneath a horizontal metal bar on the machine which applied force to the actuator. This activated the machine and the stamping die came down on his right hand. His right hand was crushed and burned.
 
Offence section:
Sections 48(1) and (2)(c) and 36(1)(a) of the Health and Safety at Work Act 2015
 
Date(s) charged:

Court:
Hamilton - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$60,000 (reduced to that amount due to the financial capacity of the defendant)
 
Maximum fine available:
$1,500,000
 
Reparation:
$30,000