Court Summary - at a glance

Date of offence:
24 February 2014
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$36,000 for s 18(1)(b)
$6,525 for s 25(3)

Safety lessons learned:
  1. Ensure that all guards on the machine were installed and being used correctly;
  2. Ensure that workers were instructed that guards must be closed while the machine is operating;
  3. Ensure that workers were adequately trained and supervised in the safe operation of the Binderburger machine; and
  4. Undertake a risk assessment and have a safe operating procedure in place for the Binderberger machine.

Defendant name:
Murray Crosland
 
Industry:
Manufacturing
 
Date of offence:
24 February 2014
 
Facts in brief:
The Defendant owns a firewood business known as Springbank Firewood. The Defendant owns two Binderberger firewood processing machines. The victim was engaged as a contractor to produce firewood.

On the day of the incident, the victim was using a machine to process logs into firewood. He pushed the tail end of a log past the log clamp and chain saw, the machine activated and his lower right arm became trapped. When he attempted to pull his arm free and activate the emergency stop, the chain saw amputated his right thumb and lacerated the top of his right index finger.

The Defendant knew that he should have reported the accident on the day but did not do so until the evening of Friday 28 February 2014.
 
Offence section:
• Sections 18(1)(b) and 50(1)(a) of the Health and Safety in Employment Act 1992
• Sections 25(3)(a) and 50(1)(b) of the Health and Safety in Employment Act 1992
 
Date(s) charged:

Court:
Christchurch - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$36,000 for s 18(1)(b)
$6,525 for s 25(3)
 
Maximum fine available:
$250,000
 
Reparation:
$20,000
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