Court Summary - at a glance

Date of offence:
6 June 2018
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$132,000

Safety lessons learned:
  • Ensure a systematic risk assessment of the machine is undertaken by a competent person;
  • Ensure the machine is adequately guarded in accordance with AS/NZS 4024 or a same or similar standard;
  • Provide appropriate controls to ensure the machine is prevented from start-up while changing rolls of film, or while maintenance or cleaning work is being carried out, such as an interlocked guard and lock-out/tag-out procedures;
  • Implement an effective system to ensure workers are adequately trained, supervised, and competent to use the machine prior to operating it;
  • Develop and implement a safe operating procedure for the machine covering routine and non-routine operations including a system to ensure safety controls are present and functional;
  • Ensure health and safety procedures and documentation are adequate, communicated to, and understood by workers.

Defendant name:
Addiction Foods NZ Limited
 
Industry:
Manufacturing
 
Date of offence:
6 June 2018
 
Facts in brief:
The worker was being trained on an automatic granule packing machine, which creates small sachets of a food product. The worker attempted to change the film, by pulling some of the film down and it became stuck in the rollers. She used one hand to pull the film, and reached across to activate the film feed stop button. She accidentally pressed the wrong button, causing some high temperature sealing bars to close on the hand holding the film. Her fingers were trapped for about 90 seconds, and she suffered third degree burns to two fingers and a thumb.
 
Offence section:
Sections 36(1)(a), 48(1) and 2(c), of the Health and Safety at Work Act 2015
 
Date(s) charged:
18 February 2019

Court:
Tauranga - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$132,000
 
Maximum fine available:
$1.5 million
 
Reparation:
$36,000 for emotional harm (paid prior to sentencing)
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