Court Summary - at a glance

Date of offence:
5 May 2016
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
The Court did not impose a fine as the Defendant had ceased trading and had no ability to pay a fine.

Safety lessons learned:
  1. Ensure an effective risk assessment is undertaken by a competent person for machinery;
  2. Ensure any plant is adequately guarded to ensure there is no access to any crushing or trapping hazards;
  3. Ensure the provision of information, procedures and instructions for the operation of machinery;
  4. Ensure workers are adequately trained to use machinery and the purpose of safety measures such as guarding; and
  5. Ensure a safe system of work including regular inspection of machinery so that safety features such as guards are present and functional.

Defendant name:
CJW 2011 Limited (formally known as CJ Williamson Manufacturing Limited)
 
Industry:
Manufacturing
 
Date of offence:
5 May 2016
 
Facts in brief:
The Defendant manufactures and supplies healthcare equipment to rest homes and hospitals in New Zealand.

The victim was employed on a full-time basis by the Defendant as a fabricator/welder.

The victim had been carrying out work on a power press machine. The machine is used to punch and form the shape of a workpiece, such as steel or metal, by application of pneumatic pressure.

The victim walked past the press machine and on his way past reached in to the open tool holder to clear away some scrap metal. As he did so, part of his clothing or body caught the machine’s operating lever and this caused the machine to activate and begin a new punching cycle.

The victim’s left hand was caught and crushed between the closing parts of the machine’s tool holder and bedplate. He suffered serious injuries to his left hand resulting in the amputation of his index finger and partial amputation of his middle finger between the first and second joints.
 
Offence section:
Sections 36(1)(a), 48(1) and 2(c) of the Health and Safety at Work Act 2015
 
Date(s) charged:

Court:
Christchurch - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
The Court did not impose a fine as the Defendant had ceased trading and had no ability to pay a fine.
 
Maximum fine available:
$1,500,000
 
Reparation:
$25,000 for emotional harm reparation; $3,483.26 for consequential loss
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