Alto Packaging Limited

Manufacturing

16 December 2021

The victim was an employee of a labour hire company, on placement at Alto Packaging. During the night on 16 December, it was noted that there was a caustic soda leak in an area referred to as “the bund.” The nightshift operator told workers not to go into the bund and the leak was dealt with. The bund area was chained off to prevent access. When the shift was change, the nightshift operator told the day shift operator to keep workers out of the bund as he was not sure the liquid was safe.

When the victim began his shift, there was no chain in front of the bund and the victim was not told to not enter it. He spent about 3.5 minutes in the bund changing a plastic bag.

The victim began to fell a burning sensation in his feet. He thought it was gout and went home to take medication. He noticed blisters on his feet at home so went to the hospital. The PH on his feet was 12-14, 14 being the highest value on the PH scale. The victim had caustic soda burns on both feet and lost part of the top of both his little toes. His feet required five skin grafts. He was in hospital for 8 days.

Sections 36(1)(a) and 48(1) and (2)(c) of the Health and Safety at Work Act 2015

15 December 2022

Hutt Valley - District Court

Guilty

Convicted

The starting point for the fine was set at $400,000. Following discounts, the final fine was set at $242,000.

$1.5 million

Emotional harm - $50,000
Consequential loss - not applicable (ACC top up already paid)
Costs - $1,300