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Court Summary - at a glance

Date of offence:
8 March 2016
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$78,000 (joint fine with Quality Construction NZ Limited)

Safety lessons learned:
  1. Develop, implement and communicate an adequate safe system of work including SOP for using the Bench Saw – particularly in relation to how to cut small pieces of material;
  2. Train employees in accordance with the SOP on how to use the Bench Saw safely including specifically how to cut small pieces of material;
  3. Provide suitable machines or equipment to employees for cutting small pieces of material – e.g. appropriately sized/shaped push-sticks; and
  4. Implement an effective supervision/monitoring processes to ensure that the SOP was being followed and employees did not use their hands to guide small pieces of material through the Bench Saw.

Defendant name:
Quality Kitchens NZ Limited
 
Industry:
Building and construction
 
Date of offence:
8 March 2016
 
Facts in brief:
Quality Construction and Quality Kitchens are both limited liability companies. Quality Construction conducts business in the construction industry, including land purchases and house building. Quality Kitchen manufactures kitchen cabinetry, some of which is supplied to Quality Construction.

This case relates to two incidents, on two consecutive days, in which workers suffered injuries to their hands as a result of coming into contact with the exposed blade of a bench saw being used in the defendants’ factory.

The first victim suffered a partial amputation of their index finger and serious lacerations to their middle finger. The second victim required an amputation of their right thumb just above the first knuckle and also required a nail bed repair to their index finger.

The defendant failed to notify WorkSafe of the incident.
 
Related prosecutions:
 
Offence section:
Sections 6 and 50(1)(a) of the Health and Safety in Employment Act 1992
Sections 25 and 50(1)(a) of the Health and Safety in Employment Act 1992
 
Date(s) charged:

Court:
North Shore - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$78,000 (joint fine with Quality Construction NZ Limited)
 
Maximum fine available:
$250,000
 
Reparation:
$21,000 for emotional harm and $828.89 for consequential loss