Court Summary - at a glance

Date of offence:
11 October 2016
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$371,250

Safety lessons learned:
  1. Conduct a systematic risk assessment of the chain rig and the chain galvanising process;
  2. Undertake a systematic process to identify and apply any appropriate safeguards and safety control measures in respect of the chain rig and chain galvanising process to ensure workers are given the highest level of protection against harm;
  3. Develop, document, implement and communicate a safe system of work in respect of the use of the chain rig and chain galvanising process to its workers;
  4. Adequately train workers, monitor compliance and enforce a safe system of work in respect of the use of the chain rig and chain galvanising process.

Defendant name:
Avon Industries Limited
 
Industry:
Manufacturing
 
Date of offence:
11 October 2016
 
Facts in brief:
The victim was employed by the defendant as a galvanising labourer. On 11 October 2016, the victim was the supervisor in charge of the chain galvanising process. The chain rig was placed on top of the zinc bath as per the normal process. The victim noticed that the chain had jammed and another employee shut off the machine. The victim assessed the jam and it was his belief that reversing the chain rig would not work.

The victim climbed up and on to the frame of the machine and stood on a platform that runs horizontally across one third of the machine. While wearing gloves, he used his right hand to try and shake the chain free. While shifting his position his left foot went through the gap in the machine frame, underneath the chute. The victim fell onto his backside on top of the machine frame, and his left foot went into the zinc bath. Molten zinc poured into the victim’s safety boot before he was able to pull his foot out of the bath.

As a result the victim sustained deep burns to his left foot and ankle. Following complications with a bio-composite dressing the victim had to undergo a skin graft. He spent 21 days in hospital.
 
Offence section:
Sections 48(1) and (2)(c) and 36(1)(a) of the Health and Safety at Work Act 2015
 
Date(s) charged:

Court:
Whangarei - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$371,250
 
Maximum fine available:
$1,500,000
 
Reparation:
$30,000 for emotional harm
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