Published 01 October 2019
Sentencing — hand injury — workplace injury — PCBU — Health and Safety at Work Act 2015, ss 2, 36, 40, 148 & 51 — Sentencing Act 2002 — WorkSafe’s Best Practice Guidelines — Stumpmaster v WorkSafe New Zealand [2018] NZHC 2020 — WorkSafe New Zealand v Niagara Sawmilling Company Limited [2018] NZDC 3667 — WorkSafe New Zealand v ITW New Zealand [2017] NSDC 27830 — WorkSafe New Zealand v Marshall Industries Limited [2018] NZDC 4498 — WorkSafe New Zealand v Alliance Group Limited [2019] NZDC 10924 — WorkSafe New Zealand v ITW New Zealand [2017] NZDC 27830 — R v Taueki [2005] 3 NZLR 372 — WorkSafe New Zealand v Atlas Concrete Ltd [2017] NZDC 27233 — Department of Labour v Hanham & Philp Contractors Ltd (2008) 6 NZELR 79 — WorkSafe New Zealand v Kaye’s Bakery Ltd [2018] NZDC 5427 — WorkSafe New Zealand v Carter Holt Harvey Limited [2018] NZDC 2260 — WorkSafe New Zealand v Eurocell Wood Products Limited [2018] NZDC 21568 — WorkSafe New Zealand v Nicks Components & Accessories Ltd [2018] NZDC 26212 — WorkSafe New Zealand v Cottonsoft Limited [2019] NZDC 185. The defendant company faced a charge under the Health and Safety at Work Act for failing to take all reasonable practicable steps to ensure the safety of worker while operating an extrusion coating line machine. The victim, being an experienced operator of the machine, was part of a six member team in which two of the members were inexperienced. On the night of the workplace incident, there were a lot of line breaks and concerns of fire risk due to a build up of butane gas. The victim felt that trying to set up the material with two inexperienced team members did not help this process. The victim pulled material through the coating line and began threading it into the coating line rollers, however, the rollers had not been re-opened and his fingers became caught. No ambulance was called, a co-worker drove the victim to hospital where he lost the tips (including the first knuckle) of two fingers. The Judge, having considered the High Court decision of Stumpmaster and other relevant judgments, adopted a reparations sum of $32,500 and an end fine of $250,000. The end fine was determined from a starting point of $500,000, less 25 per cent for reparation, remorse, co-operation, previous safety record and remedial steps, and a further 25 per cent for the defendant's guilty plea. The Judge also ordered the defendant pay costs of $995.58. Judgment Date: 1 August 2019.
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