Court Summary - at a glance
Date of offence:
20 May 2015
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
$0 (the Defendant was not in a financial position to pay a fine)
Safety lessons learned:
- Implement an effective method for systematically identifying existing or new hazards and assessing them to determine if they are significant
- Determine the appropriate control measures for hazards arising from a v-bin and conveyor belt system
- Install guarding to isolate the hazards arising from the conveyor belt system in accordance with AS1755
- Implement a safe system for clearing fertiliser from a conveyor belt and
- Provide adequate training and supervision for employees to ensure that they carry out their duties in a safe manner
Defendant name:
Mainland Minerals (N.I.) Limited
Industry:
Manufacturing
Date of offence:
20 May 2015
Facts in brief:
The Defendant company specialises in the preparation of fertiliser for the farming community.
The victim was a store man at the Defendant’s fertiliser storage and mixing facility. On the day of the incident, the victim was operating a fertiliser sorting bin (“v-bin”) which had a conveyer system underneath. The victim attempted to place a piece of timber underneath the conveyor belt between two rollers so that when fertiliser fell from the v-bin, it would fall onto the floor rather than onto the belt causing slippage. As the victim did this, his arm became caught and he was pulled into a rotating drive shaft on a conveyor roller. Due to the motion of the roller he became trapped in the machine up to his shoulder. He was trapped for a significant period of time.
The victim suffered several compound fractures and a large wound to the underside of his left forearm.
The victim was a store man at the Defendant’s fertiliser storage and mixing facility. On the day of the incident, the victim was operating a fertiliser sorting bin (“v-bin”) which had a conveyer system underneath. The victim attempted to place a piece of timber underneath the conveyor belt between two rollers so that when fertiliser fell from the v-bin, it would fall onto the floor rather than onto the belt causing slippage. As the victim did this, his arm became caught and he was pulled into a rotating drive shaft on a conveyor roller. Due to the motion of the roller he became trapped in the machine up to his shoulder. He was trapped for a significant period of time.
The victim suffered several compound fractures and a large wound to the underside of his left forearm.
Offence section:
Sections 6 and 50(1)(a) of the Health and Safety in Employment Act 1992
Date(s) charged:
Court:
Waipukurau - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
$0 (the Defendant was not in a financial position to pay a fine)
Maximum fine available:
$250,000
Reparation:
$51,705
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