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Court Summary - at a glance

Date of offence:
Between 26 April 2018 and 17 May 2018
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$30,000

Safety lessons learned:

It was reasonably practicable for the defendant to have:

  1. Identified the hazards and risks associated with the cleaning and disinfecting work at farms identified in the Biosecurity response to the M.bovis outbreak;
  2. Identified the appropriate controls, such as personal protective equipment, to be used by workers involved in the cleaning and disinfecting work;
  3. Ensured its contractor, had a safe system of work for the cleaning and disinfecting work in place prior to the work commencing;
  4. Monitored compliance with the safe system of work for the cleaning and disinfecting work;
  5. Consult, co-operate and co-ordinate activities with all other PCBUs about a safe system of work for the cleaning and disinfecting work.

Defendant name:
Ministry for Primary Industries
 
Industry:
Agriculture
 
Date of offence:
Between 26 April 2018 and 17 May 2018
 
Facts in brief:
"AsureQuality was contracted by Ministry of Primary Industries to deliver cleaning and disinfection services in the biosecurity response to Mycoplasma bovis (M.bovis). By early February 2018 M.bovis was identified in farms near Invercargill. OneStaff was contracted by AsureQuality to provide temporary workers for the cleaning and disinfecting work.

On 17 May 2018 a group of OneStaff workers were cleaning a shed at Southern Dairies Centre Farm using a sodium hydroxide-based cleaner called X-Clean DOO AWAY. Seven of the workers suffered minor or superficial burns as a result of contact with the product. Five were taken to hospital to receive treatment. "
 
 
Offence section:
Sections 34(1) and (2)(b), and 36(1)(a), 49(1) and (2)(c) of the Health and Safety at Work Act 2015
 
Date(s) charged:
20-May-19

Court:
Invercargill - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$30,000
 
Maximum fine available:
$500,000
 
Reparation:
$1,666.66 in emotional harm
$3,800.00 in costs