Court Summary - at a glance

Date of offence:
2 December 2016
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$150,000

Safety lessons learned:
  1. Ensure a competent person conducts an effective risk assessment of the machine; 
    1. The defendant should have ensured that a detailed risk assessment was completed at the time of modification of the machine.
    2. A competent person experienced in working with and using AS/NZS4024 or a higher standard should have been engaged if there was no relevant in-house expertise in machine guarding.
  2. Ensure machinery is adequately guarded; 
    1. The machine should have been guarded in accordance with AS/NZS4024. 
    2. Controls recommended by a competent person should have been implemented. 
    3. The defendant should have considered the available alternative methods of machine guarding at the time of modification of the machine.
  3. Develop, implement and monitor a safe system of work for the machine; 
    1. A formal Safe Operating Procedure should have been developed and implemented, covering all aspects of the operation of the machine including assembly, use, and maintenance and cleaning.
    2. Workers should have been trained in the Safe Operating Procedure by a competent person. 
    3. The Safe Operating Procedure should have been monitored to ensure that it was effective, and ensured that workers followed it.

Defendant name:
Kaye’s Bakery Limited
 
Industry:
Manufacturing
 
Date of offence:
2 December 2016
 
Facts in brief:
The Defendant manufactures baked products for retail and wholesale.

The victim had been a worker for the defendant for 28 years.

On 2 December 2016 the victim was working on the truffle production line, feeding dough into the hopper of the machine.

The victim threw in some dough that had fallen down off the machine and noticed that a portion of dough was stuck on the securing bolt in the centre of the paddle blade.

While the machine was still running, the victim reached into the hopper to dislodge the dough. When doing so, his right index finger got caught between the rotating paddle blade and the exterior housing of the hopper.

The victim sustained an immediate partial amputation and open fracture to the top of his right index finger. His finger tip was able to be re-attached in surgery. He continued to suffer from nerve damage after the incident.
 
Offence section:
Sections 36(1)(a), 48(1) and 2(c) of the Health and Safety at Work Act 2015
 
Date(s) charged:

Court:
Invercargill - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$150,000
 
Maximum fine available:
$1,500,000
 
Reparation:
$10,000
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