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Court Summary - at a glance

Date of offence:
1 March 2016
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$33,750

Safety lessons learned:
  1. Ensure that employees are isolated from the hazard of the rotating saw blade on the BRA 350 Radial Arm Saw by installing a nose guard capable of being adjusted to maintain a maximum gap of 12mm or less over any workpiece being cut, in accordance with relevant industry guidance;
  2. Provide an effective system to adequately train employees in the safe operation of the machine including the appropriate use of the adjustable nose guard;
  3. Ensure that employees are adequately trained and supervised on the use of the BRA 350 Radial Arm Saw to ensure isolation procedures are being adhered to. 

Defendant name:
T W Transport Limited
 
Industry:
Manufacturing
 
Date of offence:
1 March 2016
 
Facts in brief:
The Defendant company operates a landscaping and outdoor timber supply business.

The victim was employed by the Defendant as a customer service representative and was responsible for cutting timber for customer orders.

The victim was cutting lengths of timber down to size using a Wadkin BRA 350 Radial Arm Saw. After feeding a length of timber from the left side of the saw with his left hand, and holding the saw’s operating handle with his right hand, he drew the saw forward to begin his next cut. As he did this, he inadvertently put his left hand near the rotating saw blade.

The victim’s left little and ring fingers made contact with the rotating saw blade. As a result, he suffered amputation of his little finger above the second joint and his ringer finger just below the first joint.
 
Offence section:
Sections 6 and 50(1)(a) of the Health and Safety in Employment Act 1992
 
Date(s) charged:

Court:
Christchurch - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$33,750
 
Maximum fine available:
$250,000
 
Reparation:
$22,069
($20,000 emotional harm, $2,069.60 consequential loss)