Court Summary - at a glance
Date of offence:
4 February 2015
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
$25,000
Safety lessons learned:
- Ensure guarding is installed between the control booth and the splitting chamber, which provides protection equal or better than the standard set by AS/NZS 4024 and the Guidelines;
- Ensure an effective health and safety system is developed, implemented, maintained and monitored to provide for the assessment of hazards and to determine appropriate controls;
- Ensure an effective procedure is implemented and monitored for an operator to switch off the machine before reaching into the splitting chamber to clear wood.
Defendant name:
Firewood Direct (Motueka) Limited
Industry:
Manufacturing
Date of offence:
4 February 2015
Facts in brief:
The Defendant company processes and supplies firewood.
On the day of the incident, the victim was operating a wood processing machine from a control booth situated next to the machine’s wood splitting chamber. When he reached into the chamber to retrieve a piece of wood, he inadvertently activated a button which activated the splitting ram head. His hand was caught between the splitting ram head and a piece of wood causing a serious crush injury.
The victim suffered the amputation of three fingers and a portion of his right hand, an extensive degloving injury, the fracturing of bones in his forearm, broken ribs, shoulder pain and a punctured lung.
On the day of the incident, the victim was operating a wood processing machine from a control booth situated next to the machine’s wood splitting chamber. When he reached into the chamber to retrieve a piece of wood, he inadvertently activated a button which activated the splitting ram head. His hand was caught between the splitting ram head and a piece of wood causing a serious crush injury.
The victim suffered the amputation of three fingers and a portion of his right hand, an extensive degloving injury, the fracturing of bones in his forearm, broken ribs, shoulder pain and a punctured lung.
Offence section:
Sections 6 and 50(1)(a) of the Health and Safety in Employment Act 1992
Date(s) charged:
Court:
Nelson - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
$25,000
Maximum fine available:
$250,000
Reparation:
$41,774.46
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