Court Summary - at a glance

Date of offence:
19 July 2013
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$40,000

Safety lessons learned:
  1. Leave in place the fixed guard which had been fitted on the hopper to isolate the hazard of the rotating valve.
  2. If necessary to gain frequent access to the area of the valve so as to clear obstructions, install an interlocking guarding system that shut off power to the valve before the guard is able to be opened by any person.

Defendant name:
Industrial Processors Limited
 
Industry:
Manufacturing
 
Date of offence:
19 July 2013
 
Facts in brief:
The Defendant company, from premises in Waitakere Road, Henderson, operates a chip plant where perlite ore is processed by crushing and screening.

The operator attaches a bag around the neck at the base of the hopper and once it is full the bag is replaced with an empty one. When this is done the rotary valve at the bottom of the hopper must be switched off to prevent dust being expelled into the surrounding atmosphere.

On 19 July 2013, an employee of the Defendant, was seriously injured when his hand came into contact with the unguarded rotary valve.
 
Offence section:
S6 Health and Safety in Employment Act 1992
 
Date(s) charged:
23 December 2013

Court:
Waitakere - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$40,000
 
Maximum fine available:
$500,000
 
Reparation:
$5,000 (plus $130 Court costs)