Court Summary - at a glance
Date of offence:
15 October 2020
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
$200,000
Safety lessons learned:
The defendant failed to:
- Ensure that that auger between the Coenraadts and Pelbo machines was guarded in accordance with AS/NZ 4024 or equivalent or higher standard.
Defendant name:
Mainland Poultry Limited
Industry:
Manufacturing
Date of offence:
15 October 2020
Facts in brief:
The Defendant is a multi site chicken related business. They produce around one third of New Zealand’s eggs. The victim was working at a site which produces egg products. Second grade eggs are broken there and turned into liquid product, mostly egg white. The victim was working in the raw egg side of the operation in the breaking/separating room.
When the incident occurred, the victim and her team leader were cleaning the machinery at the end of the shift. Two of the machines, along with the auger between them, were running, so they could be flushed out with water. There was a latch on the underside of the auger, which was fully open. The team leader took away a bucket from under the latch in the auger, as it had filled up with water. He set the bucket aside, not intending to replace it at that time. The victim saw the bucket and went to put it back under the machine from the separating side of the machine, which is not normal. The victim was concerned that the eggshells would continue to be flushed through the auger and onto the floor. So she replaced the bucket and while doing so her thumb entered into the open latch under the auger and the rotating auger severed her thumb from her hand. Her thumb could not be re-attached. Her finger was moved to replace her thumb.
In general, the machine had good guarding, but the positioning of the latch on the underside of the machine obscured it from view and management was not aware of it. Workers all knew about the unguarded latch.
When the incident occurred, the victim and her team leader were cleaning the machinery at the end of the shift. Two of the machines, along with the auger between them, were running, so they could be flushed out with water. There was a latch on the underside of the auger, which was fully open. The team leader took away a bucket from under the latch in the auger, as it had filled up with water. He set the bucket aside, not intending to replace it at that time. The victim saw the bucket and went to put it back under the machine from the separating side of the machine, which is not normal. The victim was concerned that the eggshells would continue to be flushed through the auger and onto the floor. So she replaced the bucket and while doing so her thumb entered into the open latch under the auger and the rotating auger severed her thumb from her hand. Her thumb could not be re-attached. Her finger was moved to replace her thumb.
In general, the machine had good guarding, but the positioning of the latch on the underside of the machine obscured it from view and management was not aware of it. Workers all knew about the unguarded latch.
Offence section:
Sections 36(1)(a) and 48(1) and 2(c) of Health and Safety at Work Act 2015
Date(s) charged:
On or about 2 August 2021
Court:
Pukekohe - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
$200,000
Maximum fine available:
$1.5 million
Reparation:
Emotional harm - $30,000
Consequential loss - $119.80
Costs - $7,184.40
Consequential loss - $119.80
Costs - $7,184.40
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