Published 30 June 2022
Sentencing — failing to adopt effective system for monitoring and supervising workers — burns — personal protective equipment — Health and Safety at Work Act 2015, ss 152-159 — Stumpmaster v WorkSafe New Zealand [2018] NZHC 2020 — Department of Labour v Avo Plus Limited DC Tauranga CRN12070501231, 27 August 2012 — WorkSafe New Zealand v Fall Stop Scaffold Ltd [2020] NZDC 3629 — WorkSafe New Zealand v ES Plastics Ltd [2018] NZDC 19341 — WorkSafe New Zealand v Dimac Contractors Ltd [2017] NZDC 26648 — WorkSafe New Zealand v North Island Mussels [2018] NZDC 20269. The defendant appeared for sentence after pleading guilty on a charge of exposing an individual to the risk of harm or illness, in particular by failing to develop a system for monitoring and supervising its workers. The charge arose from an incident where an employee (the victim) at one of the defendant's meat processing plants opened a furnace in an unsafe manner and while not wearing the appropriate personal protective equipment (PPE). The victim suffered severe burns to 75-80 per cent of his body and required multiple surgeries and skin grafts. An investigation showed that the victim often failed to wear PPE and that the defendant had failed to take steps to ensure that he was doing so. Having regard to the severity of the injuries balanced against efforts by the defendant to assist the victim after the accident, the Court ordered reparations of $65,000. The Court considered the defendant to be of medium culpability and considering factors such as the risks associated with failing to wear PPE and the ease of mitigating the hazard and set a start point for fine of $450,000. An uplift for previous convictions increased the start point to $472,500, and the Court then allowed discounts for cooperation with investigation, remorse, remedial steps taken and guilty plea. The final amount of fine was $230,343.75, plus costs of $1123.80. Judgment Date: 14 July 2020.
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