Court Summary - at a glance

Date of offence:
30 September 2013
 
Plea:
Guilty
 
Decision:
Guilty
 
Final decision date:
 
Fine imposed:
$37,750

Safety lessons learned:
  1. Ensure the alligator shear machine is adequately guarded at the point of operation.
  2. Ensure the foot pedal is securely positioned at a safe distance from the point of operation to prevent inadvertent activation and access.
  3. The machine is to be fitted with a warning device to warn the operator every time the blade initiated downwards movement.
  4. An appropriate holding or securing device should be fitted to the machine to prevent the metal scrap from kicking back when cut by the blades.
  5. Implement a safe operating procedure to ensure that the operator is not interrupted or distracted by other staff while operating the alligator shear machine.

Defendant name:
Metalman New Zealand Limited
 
Industry:
Manufacturing
 
Date of offence:
30 September 2013
 
Facts in brief:
Employee was operating the alligator shear machine to cut scrap metal to smaller lengths for processing. The machine consisted of two blades and was operated with a foot pedal. The employee inadvertently activated machine via the foot pedal while he had his right hand on the blade.
 
Offence section:
S6 Health and Safety in Employment Act 1992
 
Date(s) charged:

Court:
Manukau - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Guilty
 
Fine imposed:
$37,750
 
Maximum fine available:
$250,000
 
Reparation:
$20,000
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