Court Summary - at a glance

Date of offence:
13 November 2014
 
Plea:
Guilty
 
Decision:
• Convicted on ss 6 and 25(3)(a) charges
• The s 25(3)(b) charge was withdrawn
 
Final decision date:
 
Fine imposed:
$45,000

Safety lessons learned:
  1. Ensure an effective system is in place where staff are adequately supervised to ensure safety precautions are taken prior to gas cutting being undertaken, for instance by way of written checklist being completed and signed off by a supervisor/manager before gas cutting commenced, which ensures:
    1. A fire watch/safety observer is available to attend;
    2. Fire extinguishers are taken to gas cutting area each time;
    3. Water is available (and no gas cutting took place while water is turned off); and
  2. Ensure PPE gear is maintained and made available to an adequate standard and includes leather leggings and spats.

Defendant name:
Molten Metals Limited
 
Industry:
Manufacturing
 
Date of offence:
13 November 2014
 
Facts in brief:
The Defendant is a scrapyard operator, in the business of purchasing and recycling metal materials.

The victim is an employee of the Defendant.

On the day of the incident, the water was cut off to the yard, this was not known by the victim. The victim’s overalls caught fire while he was performing gas cutting work. The victim was unable to immediately put out the fire as water was not immediately available.

The investigation revealed that there was no system in place where staff was adequately supervised to ensure safety precautions are taken prior to gas cutting being undertaken, nor was there appropriate personal protective equipment for gas cutting.
 
Offence section:
• Section 6 and 50(1)(a) of the Health and Safety in Employment Act 1992
• Section 25(3)(a) and 50(1)(b) of the Health and Safety in Employment Act 1992
• Section 25(3)(b) and 50(1)(b) of the Health and Safety in Employment Act 1992
 
Date(s) charged:

Court:
New Plymouth - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
• Convicted on ss 6 and 25(3)(a) charges
• The s 25(3)(b) charge was withdrawn
 
Fine imposed:
$45,000
 
Maximum fine available:
$250,000 for each charge
 
Reparation:
$17,000
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