Court Summary - at a glance
Date of offence:
23 September 2013 and 29 January 2014
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
Section 6 charge $46,962.50
Section 25(3)(a) charge $10,837.50
Section 25(3)(a) charge $10,837.50
Safety lessons learned:
- Ensure that the standard operating procedure for nail guns are adequate.
- Prohibit the practice of cross-nailing.
- Ensure the production line operates allowing operators sufficient time to check that no one is in the line of fire before compressing the trigger.
- To have ensured that the Defendant’s training program, designed to ensure trainees progress from the most basic to more complex tasks appropriately, according to competency, was followed by employees and contractors.
- Ensure that trainees are adequately supervised and regularly assessed before any task progression to ensure that they are competent.
- Put in place appropriate procedures to ensure that all nail gun operators comply with industry best practice and guidelines.
- To have an up to date hazard register that correctly identifies all known hazards associated with the use of nail guns.
Defendant name:
VIP Frames & Trusses Ltd
Industry:
Building and construction
Date of offence:
23 September 2013 and 29 January 2014
Facts in brief:
Failed to notify MBIE of serious harm sustained by an employee during a fall at work on 23 September 2013.
On 29 January 2014, an employee was working with a nail gun on the component table, the easiest type of nailing work. After lunch he was moved to the standard nailing bed to continue his training. As the injured worker worked with a nail gun along one side of the frame, the employee worked with another nail gun directly opposite the injured worker, on the other side of the frame. This practice is called cross nailing. He failed to correctly line up his nail gun and misfired. The misfired nail travelled several metres across the frame hitting the injured worker in the chest.
The victim in the nail gun incident suffered a puncture to the pericardium, narrowly missing his heart.
On 29 January 2014, an employee was working with a nail gun on the component table, the easiest type of nailing work. After lunch he was moved to the standard nailing bed to continue his training. As the injured worker worked with a nail gun along one side of the frame, the employee worked with another nail gun directly opposite the injured worker, on the other side of the frame. This practice is called cross nailing. He failed to correctly line up his nail gun and misfired. The misfired nail travelled several metres across the frame hitting the injured worker in the chest.
The victim in the nail gun incident suffered a puncture to the pericardium, narrowly missing his heart.
Offence section:
Section 6 Health and Safety in Employment Act 1992 (Date charged 28 July 2014)
S25(3)(a) Health and Safety in Employment Act 1992 (Date charged 28 November 2014)
S25(3)(a) Health and Safety in Employment Act 1992 (Date charged 28 November 2014)
Date(s) charged:
28 July 2014 for section 6 charge
28 November 2014 for s25(3)(a) charge
28 November 2014 for s25(3)(a) charge
Court:
Christchurch - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
Section 6 charge $46,962.50
Section 25(3)(a) charge $10,837.50
Section 25(3)(a) charge $10,837.50
Maximum fine available:
$250,000 per charge
Reparation:
$9,000 reparation (in addition to the $6000 awarded by the Employment Relations Authority)
Related Documents:
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