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Court Summary - at a glance

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

Safety lessons learned:
  1. Ensure the press lay-up area was effectively guarded on both sides or otherwise implemented effective interim controls to ensure hazards and risks were appropriately managed until a permanent solution could be implemented;
  2. Ensured the machine was either secured against inadvertent movement, or had in place effective systems and procedures for tracking belts where the machine was not secured against inadvertent movement;
  3. Developed and implemented appropriate procedures (including undertaking task analyses) for manually tracking belts and shuttle nose belts and ensured they are complied with.

Defendant name:
Carter Holt Harvey Limited
 
Industry:
Manufacturing
 
Date of offence:
31 October 2016
 
Facts in brief:
The Defendant is a wood products company that manufactures and supplies timber, laminated veneer lumber and building products.

The victim works in the maintenance team as a shift-fitter and is responsible for monitoring machinery.

On the day of the incident, the victim was instructed to manually align a conveyor belt, which is usually done automatically by the machine. This required the victim to reach into the machine with his torso resting on the frame of the machine and his feet off the floor so he could reach bolts on the underside of the belt. Part of the machine suddenly moved and collided with the victim, causing his chest and shoulder region to be crushed.
 
Offence section:
Sections 48(1) and 2(c), and 36(1)(a) of the Health and Safety at Work Act 2015
 
Date charged:

Court:
Whangarei - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$371,250
 
Maximum fine available:
$1,500,000
 
Reparation:
$55,000 for emotional harm