Court Summary - at a glance
Date of offence:
15 February 2019
Plea:
Defendant pleaded guilty after an application to dismiss the charge was declined
Decision:
Convicted
Final decision date:
Fine imposed:
In total, the court awarded 37% discounts from a starting point of $450,000. Leaving a total fine of $283,500.
Safety lessons learned:
It was reasonably practicable for Southern Pallet Recycling Limited to have ensured that the HolyTek Cut-Off Saw was safe to use, including being effectively guarded.
Defendant name:
Southern Pallet Recycling
Industry:
Manufacturing
Date of offence:
15 February 2019
Facts in brief:
The victim was employed by the defendant as a timber handler at the Christchurch manufacturing plant. On the morning on 15 February 2019, he was working on a HolyTek Cut-off saw located in the container away from the main warehouse. The saw involved is a rise and fall saw which means when activated a circular cutting blade ascends to cut wood at desired length, then descends again. Lengths of timber are fed into the side of the saw by the person operating the saw. The victim was the primary operator of the saw and had used it regularly since commencing employment with the defendant.
He was asked by the defendant to trim 20 mm off a number of small boards that were 90mm wide and 19mm thick. The saw was not set up to cut the smaller boards. He was clearing away debris from the right side of the saw with his right hand while at the same time stacking the cut pieces with his left. He reached through the guarded danger area to clear the debris. He did not use the pressurised air hose mounted on the wall nearby which he had been trained to use to clear the debris. As he stacked some cut pieces he pivoted on his left foot and activated the foot pedal which initiated the cutting action of the saw blade. His right hand was still in the danger area and the saw blade cut completely through his hand at the wrist. Within seconds he received first aid treatment, and fortunately his hand was successfully re-attached the following day.
He was asked by the defendant to trim 20 mm off a number of small boards that were 90mm wide and 19mm thick. The saw was not set up to cut the smaller boards. He was clearing away debris from the right side of the saw with his right hand while at the same time stacking the cut pieces with his left. He reached through the guarded danger area to clear the debris. He did not use the pressurised air hose mounted on the wall nearby which he had been trained to use to clear the debris. As he stacked some cut pieces he pivoted on his left foot and activated the foot pedal which initiated the cutting action of the saw blade. His right hand was still in the danger area and the saw blade cut completely through his hand at the wrist. Within seconds he received first aid treatment, and fortunately his hand was successfully re-attached the following day.
Offence section:
Sections 36(1)(a), 48(1) and 48(2)(c) of the Health and Safety at Work Act 2015
Date(s) charged:
12 February 2020
Court:
Christchurch - District Court
Plea:
Defendant pleaded guilty after an application to dismiss the charge was declined
Final decision date:
Decision:
Convicted
Fine imposed:
In total, the court awarded 37% discounts from a starting point of $450,000. Leaving a total fine of $283,500.
Maximum fine available:
$1.5 million
Reparation:
Emotional harm: $50,000
Consequential loss: $10,000
Costs: $7,500
Consequential loss: $10,000
Costs: $7,500
Related Documents:
Last updated