Court Summary - at a glance
Date of offence:
16 December 2021
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
The starting point for the fine was set at $400,000. Following discounts, the final fine was set at $242,000.
Safety lessons learned:
It was reasonably practicable for Alto Packaging Limited to have:
- Installed a work platform over all the bund area of the Wash Plant operation
- Ensured the provision of adequate personal protective equipment to all workers working in the Wash Plant operation
- Provided Mr Rangitaawa with information, training and supervision in relation to risks associated with caustic soda.
Defendant name:
Alto Packaging Limited
Industry:
Manufacturing
Date of offence:
16 December 2021
Facts in brief:
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.
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.
Offence section:
Sections 36(1)(a) and 48(1) and (2)(c) of the Health and Safety at Work Act 2015
Date(s) charged:
15 December 2022
Court:
Hutt Valley - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
The starting point for the fine was set at $400,000. Following discounts, the final fine was set at $242,000.
Maximum fine available:
$1.5 million
Reparation:
Emotional harm - $50,000
Consequential loss - not applicable (ACC top up already paid)
Costs - $1,300
Consequential loss - not applicable (ACC top up already paid)
Costs - $1,300
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