Court Summary - at a glance

Date of offence:
5 January 2017
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$219,375

Safety lessons learned:
  1. Hard wire and plumb in the container of “Principal”.
  2. Identify the risks and put in place controls for the task of decanting.
  3. Ensure the availability of suitable personal protective equipment (PPE).
  4. Have an effective system to monitor PPE used and worn by workers.

Defendant name:
North Island Mussels Limited
 
Industry:
Fishing, hunting and trapping
 
Date of offence:
5 January 2017
 
Facts in brief:
The defendant is a green shell mussel farming and processing company. On the day of the incident, the victim decanted ‘Principal’ from the 1000L pod to the spare empty 20L ‘Principal’ container. The victim bent over, unscrewed the lid of the container and lifted the container to move it out of the way, so he could put the full container in situ.

While the victim was moving the empty container, the tube that connects from the container up to the Dosetron pump snapped, flicking ‘Principal’ in his left eye and skin. He was not wearing any safety glasses, or an apron and sleeves to protect his skin from contact with the chemical.

The victim was transported to hospital for treatment. Following unsuccessful treatment, the victim was advised that his eye would need to be removed.
 
Offence section:
Sections 48(1) and (2)(c) and 36(1)(a) of the Health and Safety at Work Act 2015
 
Date(s) charged:

Court:
Tauranga - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$219,375
 
Maximum fine available:
$1,500,000
 
Reparation:
$60,000 for emotional harm
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