Court Summary - at a glance

Date of offence:
19-Apr-16
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$165,000

Safety lessons learned:
  1. Undertake a hazard and risk assessment and determine and implement the appropriate safeguard controls for the conveyor when the biohazard was identified:
  2. Seek advice from a competent person to determine how to address safety and biohazard issues with the conveyor;
  3. Have appropriate policies/procedures in place to ensure effective communication between workers;
  4. Ensure that there was an effective system of machinery lockout of power before cleaning and maintenance was undertaken;
  5. Ensure that induction, training and instructions are provided in the language spoken by the employee and that they know and understand what is required of them.

Defendant name:
Talley’s Group (Blenheim) Limited
 
Industry:
Fishing, hunting and trapping
 
Date of offence:
19-Apr-16
 
Facts in brief:
On 19 April 2016, while at work for Talley’s at the mussel processing plant in Blenheim, the victim, while cleaning a conveyor belt, trapped her right hand in the exposed inward nip point of a conveyor belt and roller. The victim acted in contravention of the Defendant’s cleaning procedures, after she was asked by her colleague to scrub the conveyor belt while the machine was running.
 
Offence section:
Sections 36(1)(a) and 48(1) and (2)(c) of the Health and Safety at Work Act 2015
 
Date(s) charged:
18-Apr-17

Court:
Nelson - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$165,000
 
Maximum fine available:
$1.5 million
 
Reparation:
$3,359 in costs