Court Summary - at a glance

Date of offence:
19 July 2018
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
None

Safety lessons learned:
  1. Undertaken an adequate risk assessment to identify the hazards and risks associated with the Chalmers & Corner 35 Ton Brake Press.
  2. Ensured the Chalmers & Corner 35 Ton Brake Press was adequately guarded in accordance with AS/NZS 4024 or equivalent standard.
  3. Ensured the key that allowed the sensor beam on the Chalmers & Corner 35 Ton Brake Press to be overridden was appropriately controlled.
  4. Developed, documented, implemented and monitored a safe system of work for the operation of the Chalmers & Corner 35 Ton Brake Press.

Defendant name:
Skyline Buildings Limited
 
Industry:
Manufacturing
 
Date of offence:
19 July 2018
 
Facts in brief:
On 19 July 2018, the victim was working on the Brake Press to make flashing. The victim placed a piece of sheet metal into the Brake Press, stood back and activated the foot pedal to bring the tool down to the metal. As the victim took his foot off the pedal, his arm interrupted the sensor beam causing the metal to jam.

The victim followed his usual process for clearing jams and turned the key to the right disabling the sensor beam.
After disabling the sensor beam, the victim picked up the piece of flashing, turned it over and placed it in the Brake Press. The victim was holding the flashing in his right hand and began operating the foot pedal. The tool lowered to the flashing, crushing and trapping his right hand in the Brake Press.

As a result of the incident the victim sustained amputation to the tips of his right index and middle fingers.
 
Offence section:
Sections 48(1) and 2(c), and 36(1)(a) of the Health and Safety at Work Act 2015
 
Date(s) charged:

Court:
Manukau - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
None
 
Maximum fine available:
$1.5 million
 
Reparation:
Emotional harm: $27,000 total - $24,000 ordered at sentencing, $3,000 paid by defendant prior to sentencing
Costs: $2,491.95
 
Related Documents:
PDF
Sentencing notes - WorkSafe New Zealand v Skyline Buildings Limited (PDF 262 KB)
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