Published 08 April 2019
Sentencing — WorkSafe — failing to ensure health and safety at work — Stumpmaster v WorkSafe New Zealand [2018] NZHC 2190 — Department of Labour v Hanham & Philp Contractors Ltd (2009) 9 NZELC 93 — WorkSafe New Zealand v Niagara Sawmilling Company Ltd [2018] NZDC 3667 — Health and Safety at Work Act 2015, s 151. The defendant pleaded guilty to one charge of failing to ensure, so far as reasonably practicable, the health and safety of the victim while working on a laminated veneer lumber press machine. On the day of the incident, the automatic tracking system on the press machine was not operating and workers were instructed to do the tracking manually until it was resolved. The victim started manually tracking the belt but in leaning into the machine, the belt suddenly moved forward and collided with the victim's chest causing serious crush injuries. The defendant's culpability stems from three reasonably practicable steps it failed to take, namely; to ensure the press was effectively guarded; to ensure the machine was secured against inadvertent movement; and to develop and implement procedures for manually tracking the belts. In accordance with the reasoning in the High Court decision in Stumpmaster, the Judge sentenced the defendant company to reparations of $55,000, a fine of $371,250, and Court costs of $2415.50. Judgment Date: 31 October 2018.
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