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Court Summary - at a glance
It was reasonably practicable for Kiwi Lumber (Mastertorn) to:
- Ensure an effective risk assessment of the bin sorter area was carried out to identify the risks associated with its operation and appropriate controls, in accordance with relevant industry standards;
- Ensure appropriate guarding was installed to prevent access to the machinery accessible from the top deck of the bin sorter area;
- Ensure that a pre-start warning alarm would sound prior to the machinery in the bin sorter area restarting, following the clearance of a fault;
- Develop, implement, monitor and review a safe system of work including effective safe operating procedures for operating the machinery in the bin sorter area;
- Provide workers with effective and consistent information, training and supervision for operating the machinery in the bin sorter area;
- Develop, implement, record and maintain an effective maintenance program for the machinery in the bin sorter area.
$145,762 apportioned between the victim’s family in consequential loss
$2,391 in costs