Court Summary - at a glance

Date of offence:
Between 16 October 2017 and 18 May 2018
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$66,000

Safety lessons learned:
  1. Provide, maintain and monitor compliance with a safety system of work for the cleaning and disinfecting work;
  2. Provide and monitor the use of appropriate controls, such as personal protective equipment, by workers involved in the cleaning and disinfecting work;
  3. Ensure the workers involved in the cleaning and disinfecting work are given adequate training, information and instruction;
  4. Ensure adequate supervision of the workers carrying out the cleaning and disinfecting work;
  5. Consult, co-operate and co-ordinate activities with all other PCBUs about a safe system of work for the cleaning and disinfecting work.

Defendant name:
AssureQuality Limited
 
Industry:
Agriculture
 
Date of offence:
Between 16 October 2017 and 18 May 2018
 
Facts in brief:
"AsureQuality was contracted by Ministry of Primary Industries to deliver cleaning and disinfection services in the biosecurity response to Mycoplasma bovis (M.bovis). By early February 2018 M.bovis was identified in farms near Invercargill. OneStaff was contracted by AsureQuality to provide temporary workers for the cleaning and disinfecting work.

On 17 May 2018 a group of OneStaff workers were cleaning a shed at Southern Dairies Centre Farm using a sodium hydroxide-based cleaner called X-Clean DOO AWAY. Seven of the workers suffered minor or superficial burns as a result of contact with the product. Five were taken to hospital to receive treatment. "
 
Offence section:
"Sections 36(1)(a), 49(1) and (2)(c) of the Health and Safety at Work Act 2015; and
Sections 34(1) and 34(2)(b) of the Health and Safety at Work Act 2015"
 
Date(s) charged:
20-May-19

Court:
Invercargill - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$66,000
 
Maximum fine available:
$500,000 for the s 36/49 offence.
$100,000 for the s 34 offence.
 
Reparation:
$1,667 in emotional harm
$2,393 in costs
 
Related Documents:
PDF
Sentencing notes - WorkSafe New Zealand v AsureQuality Limited (PDF 727 KB)
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