Court Summary - at a glance
Date of offence:
26 May 2021
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
Starting point for the fine was set at $450,000. Following discounts for guilty plea (24%), cooperation (5%), remorse (5%), reparation (5%) and no previous convictions (5%), the fine was reduced to $247,500. The fine was then reduced to $90,000 to reflect Zenthe's financial capacity. For the assessment of the fine and reparation, culpability between the two defendants was split: AWF 20%, Zenthe (80%).
Safety lessons learned:
Being a PCBU having a duty to ensure, so far as reasonably practicable, the health and safety of workers who work for the PCBU, while the workers are at work in the business or undertaking, namely operating the Metro Mach Hot Press Machine, did fail to comply with that duty and that failure exposed workers including Harvey Duncan, to a risk of serious injury.
It was reasonably practicable for Zenthe Limited to have: ensured competent person/s reviewed and assessed the machine to determine its compliance with the standard described in AS/NZS 4024 or better; and ensured the machine was adequately safeguarded to the standard described in AS/NZS 4024 or better.
Defendant name:
Zenthe Limited
Industry:
Manufacturing
Date of offence:
26 May 2021
Facts in brief:
The defendant, Zenthe Limited specialises in the manufacture of architectural panels and batten systems for walls and ceilings in commercial and industrial settings. Zenthe entered a contractual agreement with the co-defendant, AWF Limited (a labour hire company) for the supply of labour from the latter to the former. Mr Duncan (the victim) was contracted out to work for Zenthe. It was agreed between the parties that Mr Duncan was not to operate any machinery at the Zenthe workshop – and that AWF would be notified if this was to change.
On 26 May 2021, Mr Duncan suffered crushing injuries while using a hot press machine at the Zenthe workshop. The machine was not guarded to the standard AS/NZS 4024. As a result of the incident, Mr Duncan suffered surgical amputation to the first joint of three fingers on his left hand (non-dominant hand).
Zenthe had failed to have a competent person review and assess the machine to determine compliance with AS/NZS 4024 and ensure the machine was guarded to the standard.
AWF had failed to effectively consult, co-operate with, and co-ordinate activities with Zenthe as to the work Mr Duncan was to undertake – and the most effective means to manage risks to his health and safety.
On 26 May 2021, Mr Duncan suffered crushing injuries while using a hot press machine at the Zenthe workshop. The machine was not guarded to the standard AS/NZS 4024. As a result of the incident, Mr Duncan suffered surgical amputation to the first joint of three fingers on his left hand (non-dominant hand).
Zenthe had failed to have a competent person review and assess the machine to determine compliance with AS/NZS 4024 and ensure the machine was guarded to the standard.
AWF had failed to effectively consult, co-operate with, and co-ordinate activities with Zenthe as to the work Mr Duncan was to undertake – and the most effective means to manage risks to his health and safety.
Related prosecutions:
Offence section:
Section 36(1)(a), 48(1) and (2)(c) of the Health and Safety at Work Act 2015
Date(s) charged:
25 May 2022
Court:
Hastings - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
Starting point for the fine was set at $450,000. Following discounts for guilty plea (24%), cooperation (5%), remorse (5%), reparation (5%) and no previous convictions (5%), the fine was reduced to $247,500. The fine was then reduced to $90,000 to reflect Zenthe's financial capacity. For the assessment of the fine and reparation, culpability between the two defendants was split: AWF 20%, Zenthe (80%).
Maximum fine available:
$1.5 million
Reparation:
Emotional harm - emotional harm reparation of $12,000 was awarded (being 80% of $15,000). For the assessment of the fine and reparation, culpability between the two defendants was split: AWF 20%, Zenthe (80%).
Costs - prosecution costs of $1,222.46.
Costs - prosecution costs of $1,222.46.
Related Documents:
Last updated