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:
- Ensure the alligator shear machine is adequately guarded at the point of operation.
- Ensure the foot pedal is securely positioned at a safe distance from the point of operation to prevent inadvertent activation and access.
- The machine is to be fitted with a warning device to warn the operator every time the blade initiated downwards movement.
- 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.
- 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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