Court Summary - at a glance

Date of offence:
19 April 2016
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$100,000

Safety lessons learned:
  1. Ensure the auger was adequately guarded so that workers were not exposed to trapping hazards;
  2. Ensure a safe system of work by implementing and monitoring effective policies and procedures regarding the risks and hazards relating to the use of the auger

Defendant name:
PG & SM Callaghan Limited
 
Industry:
Agriculture
 
Date of offence:
19 April 2016
 
Facts in brief:
The Defendant company operates a crop farm which employs seasonal workers throughout the year on a casual basis.

On the day of the incident, the victim, a casual employee of the Defendant, was assisting in extracting old grain from a silo with the use of an auger.

While the auger was running the victim stepped over the power take-off shaft, stumbled and lost his balance. As he put his left hand out to balance himself, his left hand connected with the v-belts and was pulled into the gap between the v-belt and pulley transmission system.

The victim suffered serious injuries to his left hand. His middle and ring finger were completely amputated and his little finger partially amputated at the first knuckle. His ring finger was able to be reattached.
 
Offence section:
Sections 36(1)(a), 48(1) and (2)(c) of the Health and Safety at Work Act 2015
 
Date(s) charged:

Court:
Timaru - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$100,000
 
Maximum fine available:
$1,500,000
 
Reparation:
$0 (reparation of $35,000 already paid by defendant)
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