Court Summary - at a glance
Date of offence:
Between 8 October 2019 and 26 October 2019
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
Nil - on account of financial capacity
Safety lessons learned:
It was reasonably practicable for Bag Boys Limited to have:
- Ensured the plant was safe for workers by installing barriers, adequate guarding and interlock systems on Bagging Line One and Two.
- Developed, implemented, monitored, and reviewed an effective safe system of work, in particular a lock out tag system, to ensure maintenance on Bagging Line One and Two did not present a risk of entanglement or engulfment to workers.
- Ensured the provision of effective information, training, instruction and supervision that was necessary to protect workers from risks to their health and safety when working on Bagging Line One and Two.
Defendant name:
Bag Boys Limited
Industry:
Manufacturing
Date of offence:
Between 8 October 2019 and 26 October 2019
Facts in brief:
WorkSafe inspectors conducted two assessments of Bag Boys’ site on 20 September and 9 October 2019. Bag Boys had recently relocated their factory from Auckland to Hamilton.
On the first visit to the site, the inspection largely involved speaking with the workers at the site who were cooperative. The second assessment noted multiple failings which placed the workers at undue risk.
Those failings were each identified on different lines at the site.
In relation to Line One, the inspectors noted:
• There was an interlocking system, but no lock-out, tag-out system on the machine;
• Guarding had been removed exposing the end roller and small feeding hopper;
• There was no safe access to the hopper
• Workers were climbing into the hopper to clear blockages on a daily basis
• There was no guarding to prevent workers from accessing the area around the hopper, potentially during operating.
In Line Two, inspectors noted:
• There was inadequate and missing guarding;
• There were exposed drive chains, cogs and rollers;
• Workers were clearing blockages manually while the machine was still on.
On 9 October 2019, two Prohibition Notices were issued in relation to both bagging lines being inadequately guarded. The Notice for Line One was lifted on 11 October 2019 when adequate guarding had been installed. The Notice for Line Two was lifted on 14 October following new guarding being installed.
A further Prohibition Notice regarding Line One noted the practice of workers entering the hopper to clear blockages. This Notice was lifted on 25 October 2019 when it was confirmed that a new access platform had been installed within the hopper.
On 10 October 2019, a Prohibition Notice was issued in relation to the Bulk Bag Shaker on the grounds it also was inadequately guarded. This was also lifted on 14 October when new guarding had been correctly installed.
On 14 October 2019, an improvement Notice was issued in relation to the lock out, tag out systems on all machinery on site. After an extension was granted, this Notice was complied with on 14 November after appropriate controls were implemented.
As a result of these failures the defendant was charged with exposing these workers to risk of serious injury.
On the first visit to the site, the inspection largely involved speaking with the workers at the site who were cooperative. The second assessment noted multiple failings which placed the workers at undue risk.
Those failings were each identified on different lines at the site.
In relation to Line One, the inspectors noted:
• There was an interlocking system, but no lock-out, tag-out system on the machine;
• Guarding had been removed exposing the end roller and small feeding hopper;
• There was no safe access to the hopper
• Workers were climbing into the hopper to clear blockages on a daily basis
• There was no guarding to prevent workers from accessing the area around the hopper, potentially during operating.
In Line Two, inspectors noted:
• There was inadequate and missing guarding;
• There were exposed drive chains, cogs and rollers;
• Workers were clearing blockages manually while the machine was still on.
On 9 October 2019, two Prohibition Notices were issued in relation to both bagging lines being inadequately guarded. The Notice for Line One was lifted on 11 October 2019 when adequate guarding had been installed. The Notice for Line Two was lifted on 14 October following new guarding being installed.
A further Prohibition Notice regarding Line One noted the practice of workers entering the hopper to clear blockages. This Notice was lifted on 25 October 2019 when it was confirmed that a new access platform had been installed within the hopper.
On 10 October 2019, a Prohibition Notice was issued in relation to the Bulk Bag Shaker on the grounds it also was inadequately guarded. This was also lifted on 14 October when new guarding had been correctly installed.
On 14 October 2019, an improvement Notice was issued in relation to the lock out, tag out systems on all machinery on site. After an extension was granted, this Notice was complied with on 14 November after appropriate controls were implemented.
As a result of these failures the defendant was charged with exposing these workers to risk of serious injury.
Offence section:
S 36(1)(a) and 48(1) and (2)(c) of HSWA
Date(s) charged:
17 September 2020
Court:
Hamilton - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
Nil - on account of financial capacity
Maximum fine available:
$1.5 million
Reparation:
Costs - $2822.70
Related Documents:
Last updated