Court Summary - at a glance

Date of offence:
25 August 2018
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$260,000

Safety lessons learned:
  • Engage a competent person to conduct an effective risk assessment for cleaning, maintaining and repairing the forage wagon;
  • Ensure that the forage wagon is appropriately guarded to prevent access while the forage wagon is operating;
  • Develop, implement and monitor a safe system of work for the forage wagon when cleaning, maintaining and repairing the forage wagon, including:
    • Procedures for isolation and lock-out of the forage wagon.
  • Ensure the provision of information, training, instruction and supervision to protect workers from risks to their safety while cleaning, maintaining and repairing the forage wagon, including:
    • Procedures for isolation and lock-out of the forage wagon.

Defendant name:
Oak Lane Chaff Limited
 
Industry:
Agriculture, Manufacturing
 
Date of offence:
25 August 2018
 
Facts in brief:
Two victims were inside a forage wagon used as piece of production plant for mixing and bagging horse feed. Were inside to complete maintenance and repairs on the mixing elements.

Director of the company intended to start the conveyor belts to remove a backlog of product, and believe that this would not start the mechanisms inside the forage wagon. However they did, as no isolation had been done.

One worker was drawn into the mixing elements and revolved around them 1.5 times before the forage wagon was stopped. A second worker was expelled from the forage wagon on a conveyor belt.

One worker suffered fractured vertebrae, acromium and ribs, puncture wounds, mental anguish consistent with depression/anxiety/PTSD but not diagnosed.

The second worker suffered bruised knees and was diagnosed with PTSD after the event (note previously diagnosed with PTSD earlier in life after a car accident).
 
Offence section:
Sections 48(1) and 2(c), and 36(1)(a) of the Health and Safety at Work Act 2015
 
Date(s) charged:
19 August 2019

Court:
Hastings - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$260,000
 
Maximum fine available:
$1.5 million
 
Reparation:
$35,000 Victim 1 for emotional harm
$20,000 Victim 2 for emotional harm
$4,663.21 Victim 1 for consequential loss
$1,732.62 Victim 2 for consequential loss
$1,654.42 costs
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