Court Summary - at a glance
Date of offence:
7 July 2014
Plea:
Guilty
Decision:
Convicted and fined
Final decision date:
Fine imposed:
$45,000
Safety lessons learned:
- Ensure the key switching modes are controlled
- Install a beacon light to indicate folder will be in one operator mode.
- Install a photoelectric safety device that captures both slitter and clamp so slitter does not activate or stop if the operator breaks the light beam
- Install a light-device and/or a pressure sensitive mat.
Defendant name:
Fletcher Steel Limited
Industry:
Building and construction
Date of offence:
7 July 2014
Facts in brief:
The victim was employed as a factory supervisor at the Dimond factory in New Plymouth. Dimond is the trading name of a division of Fletcher Steel Ltd.
On 7 July 2014, he was assisting in the manufacture of flashings on the Hayes Smartfold Harvey Weight Folder machine (“the Folder”). The Folder has two functions: a slitting function and a folding function. The Folder can be operated in either ‘one operator mode’ or ‘two operator mode’. In ‘two operator mode’ both the main operator and the assistant operator were required to depress independent foot pedals for the Folder to operate. He understood that the Folder was in ‘two operator mode’. The Folder was in fact in ‘one operator mode’.
At approximately 1.30pm, he indicated to the main operator that he was ready to activate the slitter, but then decided to re-check the position of the metal sheet that had positioned in the Folder. He removed his foot from the pedal and placed his left hand on the metal sheet. In the meantime, the main operator activated the slitter. The slitter contacted his left hand. The victim sustained a complete severing of his left ring finger and partial degloving of his middle finger on the same hand.
On 7 July 2014, he was assisting in the manufacture of flashings on the Hayes Smartfold Harvey Weight Folder machine (“the Folder”). The Folder has two functions: a slitting function and a folding function. The Folder can be operated in either ‘one operator mode’ or ‘two operator mode’. In ‘two operator mode’ both the main operator and the assistant operator were required to depress independent foot pedals for the Folder to operate. He understood that the Folder was in ‘two operator mode’. The Folder was in fact in ‘one operator mode’.
At approximately 1.30pm, he indicated to the main operator that he was ready to activate the slitter, but then decided to re-check the position of the metal sheet that had positioned in the Folder. He removed his foot from the pedal and placed his left hand on the metal sheet. In the meantime, the main operator activated the slitter. The slitter contacted his left hand. The victim sustained a complete severing of his left ring finger and partial degloving of his middle finger on the same hand.
Offence section:
Section 6 Health and Safety in Employment Act 1992
Date(s) charged:
Court:
New Plymouth - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted and fined
Fine imposed:
$45,000
Maximum fine available:
$250,000
Reparation:
$20,000
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