Court Summary - at a glance
Date of offence:
9/11/2018
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
$350,000.00
Safety lessons learned:
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.
Defendant name:
Kiwi Lumber (Masterton) Limited
Industry:
Forestry
Date of offence:
9/11/2018
Facts in brief:
The victim was required to go up onto a timber carrying conveyor to fix a fault that had occurred. The conveyor had already been automatically stopped through an alarm system, but it had not been locked out to prevent reactivation while the victim was up there. Not knowing the victim was there, a fellow worker cleared the fault, causing the conveyor to start. The victim was knocked off her feet and died of the injuries she sustained.
Offence section:
Sections 36(1)(a), and 48(1) and 2(c), of the Health and Safety at Work Act 2015
Date(s) charged:
6-Nov-19
Court:
Masterton - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
$350,000.00
Maximum fine available:
$1.5 million
Reparation:
$118,000 apportioned between the victim’s family in emotional harm
$145,762 apportioned between the victim’s family in consequential loss
$2,391 in costs
$145,762 apportioned between the victim’s family in consequential loss
$2,391 in costs
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