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Court Summary - at a glance

Date of offence:
6 June 2017
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$75,000

Safety lessons learned:
  1. Engage a manufacturer with knowledge and experience of health and safety machine guarding standards or seek advice from a competent engineer;
  2. Ensure there is an adequate system to control, assess, and monitor risks associated with the firewood processor log splitter;
  3. Ensure the firewood processor log splitter is adequately guarded to ensure the dangerous parts cannot be accessed;
  4. Ensure effective procedures including training and safe operating procedures for clearing blockages in the firewood processor log splitter are implemented and monitored.

Defendant name:
Davies Tree Services Limited
 
Industry:
Manufacturing
 
Date of offence:
6 June 2017
 
Facts in brief:
MMD was approached by Davies to design and build a firewood processor/log splitter. MMD had not designed such a machine before and took on the project. Davies had failed to carry out appropriate enquiries into whether MMD was capable of designing and manufacturing such a machine.

MMD engaged certain key suppliers and consulted some guidance, but failed to consider a key relevant safety standard. It was delivered without an instruction manual, no commissioning report or safety audit had been done, and the machine lacked an interlocking guard. The machine was not designed and manufactured according to industry standards.

Once on site, Davies removed the guard because of issues with vibration. It did not ensure there was a risk management system, or safe system for clearing blockages.

A worker was operating the machine and his fingers were trapped between the hydraulic ram and the saw blade, causing four fingers to be amputated below the knuckle. Three were able to be reattached.
 
Related prosecutions:
 
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:
Christchurch - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$75,000
 
Maximum fine available:
$1.5 million
 
Reparation:
$35,000 for emotional harm