Court Summary - at a glance
Date of offence:
22 November 2018
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
$253,125.00
Safety lessons learned:
It was reasonably practicable for Fresh Meats to have:
a) conducted an adequate risk assessment of the slaughter floor pre-operation set-up task, including for the inspection and cleaning of chain 2;
b) ensured dangerous parts on chain 2 were adequately guarded;
c) developed, implemented, communicated and monitored compliance with an adequate safe system of work for workers to use during the slaughter floor pre-operation set-up tasks, including procedures for locking out and isolating equipment to be cleaned; and
d) adequately monitored and reviewed the effectiveness of controls chosen to manage risks to workers using and cleaning machinery and equipment on the slaughter floor, including chain
Defendant name:
Fresh Meats NZ Limited
Industry:
Manufacturing
Date of offence:
22 November 2018
Facts in brief:
Fresh Meats NZ Limited is a slaughter and processing company.
The victim was employed as a slaughter floor labourer. On 22 November 2018 the victim started work at approximately 6.00 am. She was part of the preoperative crew and was cleaning equipment prior to the day’s production.
The victim was cleaning the second chain and focused on removing fat that was stuck in the chain. At the time she was cleaning it, the chain was operational and moving. Whilst she was doing so, her arm was pushed by one of the pushers and her arm got trapped in the pinch point between the two chains.
The victim was employed as a slaughter floor labourer. On 22 November 2018 the victim started work at approximately 6.00 am. She was part of the preoperative crew and was cleaning equipment prior to the day’s production.
The victim was cleaning the second chain and focused on removing fat that was stuck in the chain. At the time she was cleaning it, the chain was operational and moving. Whilst she was doing so, her arm was pushed by one of the pushers and her arm got trapped in the pinch point between the two chains.
Offence section:
Sections 36(1)(a), 48(1) and (2)(c) of the Health and Safety at Work Act 2015
Date(s) charged:
7 November 2019
Court:
Napier - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
$253,125.00
Maximum fine available:
$1.5 million
Reparation:
$35,000 for emotional harm ($30,000 paid at sentencing, $5,000 paid prior to sentencing).
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