Court Summary - at a glance
Date of offence:
22 February 2021
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
Starting point $450,000 reduced to $283,500
Safety lessons learned:
The defendant failed to:
- Ensure the machine was adequately guarded (to the standard described in AS/NZS 4024 or better) so as to prevent access to the pressing chamber while the hydraulic ram was in motion; and
- Develop, implement, communicate, and monitor compliance with adequate safe systems of work for the machine including procedures for ensuring the machine was blocked off, and spotters used where necessary, to prevent access to dangerous areas by others while the machine was being maintained and tested.
Defendant name:
Silver Fern Farms Limited
Industry:
Manufacturing
Date of offence:
22 February 2021
Facts in brief:
A worker for Silver Fern Farms Limited sustained serious injuries after his right hand was caught between a ram and an end plate while he was attempting to clean meat residue off the ram head.
Offence section:
Section 36(1)(a) and 48(1) and (2)(c) of the Health and Safety at Work Act 2015.
Date(s) charged:
15 February 2022
Court:
Hastings - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
Starting point $450,000 reduced to $283,500
Maximum fine available:
$1.5 million
Reparation:
Emotional harm - not ordered as the defendant had already paid $50,000 to the victim and was providing financial support to ensure the victim received a “top of the range” prosthetic hand
Consequential loss - not ordered as the defendant has been providing ACC top up
Costs - legal costs of $694.03
Consequential loss - not ordered as the defendant has been providing ACC top up
Costs - legal costs of $694.03
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