Court Summary - at a glance

Date of offence:
11/03/2019
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$193,500

Safety lessons learned:
  1. Ensure effective risk assessment of machinery
  2. Develop, implement, monitor, and review an effective safe system of work that covers all aspects of the operation of machinery (including maintenance and cleaning).

Defendant name:
Hellers Limited
 
Industry:
Manufacturing
 
Date of offence:
11/03/2019
 
Facts in brief:
"The Defendant is a limited liability company who is the business of food manufacturing and meat and small goods processing. The victim was employed by the Defendant as a small goods process operator, and part of his job involved cleaning a mincer grinder machine.

Workers had developed a practice of accessing the machine using a step ladder and this allowed them to clean and operate the machine without opening an interlock guard. The Defendant knew about this unsafe process.

On 11 March 2019, the victim was cleaning the machine, using the unsafe practice. As the victim was cleaning the machine he caught four fingers between the inside surface of the hopper and the revolving mixing paddles. The victim had four of his fingers and half of his palm from his dominant hand amputated. "
 
Offence section:
Sections 48(1) and 2(c), and 36(1)(a) of the Health and Safety at Work Act 2015
 
Date(s) charged:
6-Mar-20

Court:
Christchurch - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$193,500
 
Maximum fine available:
$1.5 million
 
Reparation:
$60,000.00 in emotional harm
$618.61 in costs
 
Related Documents:
PDF
Sentencing notes - WorkSafe New Zealand v Hellers Limited (PDF 632 KB)
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