Court Summary - at a glance
Date of offence:
27 March 2017
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
$60,000 (reduced due to the financial capacity of the defendant)
Safety lessons learned:
- Ensure the interlock on the Reignmac was in place before workers used the Reignmac to machine and shape timber;
- Develop, document and communicate an adequate safe system of work for the operation of the Reignmac; and
- Monitor compliance with and periodically review the adequacy of the safe system of work for the operation of the Reignmac.
Defendant name:
Nicks Components & Accessories Limited
Industry:
Manufacturing
Date of offence:
27 March 2017
Facts in brief:
The defendant manually disabled the interlock switch on its machine to carry out a task known as jointing. There was no requirement for the interlock to be reinstated after jointing was completed and there was no process in place requiring regular inspection or monitoring of the machine.
The victim was using the machine to machine and shape timber. As he was feeding the last piece of weatherboard, the push stick caught inside the machine. He pushed the emergency stop button and another worker opened the hood guard while the cutters were still rotating. He was able to do this as the interlock had previously been disabled for jointing.
The victim was wearing earmuffs and could not hear that the cutters were still rotating. He placed his right hand into the machine in an attempt to remove the push stick. His glove was caught by the rotating cutters and his hand pulled into the machine. He sustained injury to his right hand including degloving and amputation of his right thumb, half of his distal index finger and the tip of his middle finger.
The victim was using the machine to machine and shape timber. As he was feeding the last piece of weatherboard, the push stick caught inside the machine. He pushed the emergency stop button and another worker opened the hood guard while the cutters were still rotating. He was able to do this as the interlock had previously been disabled for jointing.
The victim was wearing earmuffs and could not hear that the cutters were still rotating. He placed his right hand into the machine in an attempt to remove the push stick. His glove was caught by the rotating cutters and his hand pulled into the machine. He sustained injury to his right hand including degloving and amputation of his right thumb, half of his distal index finger and the tip of his middle finger.
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:
North Shore - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
$60,000 (reduced due to the financial capacity of the defendant)
Maximum fine available:
$1,500,000
Reparation:
$40,000 for emotional harm, paid prior to sentencing
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