Court Summary - at a glance
Date of offence:
2 November 2021
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
The starting point was set at $470,000. Discounts of 25% guilty plea, 5% remorse, and reparation, 5% remedial, 5% co-operation were given. The end point of the fine was $235,000.
Safety lessons learned:
Being a PCBU having a duty to ensure, so far as is reasonably practicable, the health and safety of workers who work for the PCBU, including [victim], while the workers were at work in the business or undertaking, namely using trolleys to transport blanks used in the process of glass bottle manufacturing, and that failure exposed workers to a risk of death or serious injury.
It was reasonably practicable for Visy Glass Operations (NZ) Limited to have:
- Undertaken an adequate risk assessment in respect of the trolleys used to transport the blanks;
- Ensured the provision of effective information, training, instruction and supervision necessary to protect workers from risks to their safety in handling the blanks and transporting the blanks on trolleys;
- Ensured that the trolleys were fit for purpose and safe to use.
Defendant name:
Visy Glass Operations (NZ) Limited
Industry:
Manufacturing
Date of offence:
2 November 2021
Facts in brief:
Visy produce glass products, including jars and bottles. They are the only glass manufacturing business in New Zealand.
On 2 November 2021, one of the defendant’s workers, [victim], was assisting with changing blanks in the glass forming section. Hot blanks were placed on a trolley. [Victim] partially unloaded the trolley and was asked to move it out of the way so that a lifting buggy could pass. The trolley was now unbalanced. [Victim] pulled the trolley towards himself and the trolley tipped and fell on him.
The trolley falling fractured his tibia bone just below the knee. The hot blanks fell on him and began to burn him. He required surgery to his tibia including the insertion of a plate and pins. He had severe burns to his shoulder, upper arm, hip and lower leg and required about 10 skin grafts. He was in hospital for 7 days and off work from 2 November 2021 to 31 May 2022.
On 2 November 2021, one of the defendant’s workers, [victim], was assisting with changing blanks in the glass forming section. Hot blanks were placed on a trolley. [Victim] partially unloaded the trolley and was asked to move it out of the way so that a lifting buggy could pass. The trolley was now unbalanced. [Victim] pulled the trolley towards himself and the trolley tipped and fell on him.
The trolley falling fractured his tibia bone just below the knee. The hot blanks fell on him and began to burn him. He required surgery to his tibia including the insertion of a plate and pins. He had severe burns to his shoulder, upper arm, hip and lower leg and required about 10 skin grafts. He was in hospital for 7 days and off work from 2 November 2021 to 31 May 2022.
Offence section:
S36(1)(a) and 48 of the Health and Safety at Work Act 2015
Date(s) charged:
31 October 2022
Court:
Auckland - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
The starting point was set at $470,000. Discounts of 25% guilty plea, 5% remorse, and reparation, 5% remedial, 5% co-operation were given. The end point of the fine was $235,000.
Maximum fine available:
$1.5 million
Reparation:
Emotional harm - none sought or ordered. Visy had already paid the victim $40,000 for emotional harm.
Consequential loss - none sought or ordered. Visy had already paid the victim $5000 for ACC shortfall.
Costs - legal costs of $1,528.30.
Consequential loss - none sought or ordered. Visy had already paid the victim $5000 for ACC shortfall.
Costs - legal costs of $1,528.30.
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