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WorkSafe New Zealand v Hellers Ltd [2020] NZDC 18926

Published 26 June 2024

Sentencing — failing to ensure health and safety of workers — exposing worker to risk of death or serious injury — no effective risk assessment — no effective safe system of work — mincer grinder machine — finger amputation — WorkSafe Best Practice Guidelines for Safe Use of Machinery, May 2014 — Health and Safety in Employment Regulations and MBIE Ergonomics of Machine Guarding Guide, June 2013 — Health and Safety at Work Act 2015, ss 36, 48, 151 & 152-158 — Stumpmaster v WorkSafe New Zealand [2018] NZHC 2020 — Department of Labour v Hanham & Philp Contractors Ltd (2009) 9 NZELC 93, 095, (2008) 6 NZELR 97 — WorkSafe v Addiction Foods [2020] NZDC 13929. The defendant company appeared for sentence on a charge of failing to ensure the health and safety of its workers, thereby exposing them to the risk of death or serious injury. The charge arose from an incident where one of the defendant's employees (the victim) was cleaning a mincer grinder machine at the defendant's plant. The victim reached into the machine without first having properly stopped it; four of his fingers became caught in the machine and were immediately amputated. The defendant had already paid the victim $60,000 in reparations, which WorkSafe agreed was an appropriate sum. The defendant had failed to ensure an effective risk assessment of the machine and to develop, implement and monitor an effective safe system for the machine. Also the defendant had failed to follow industry guidance on working with machines. The Court set a start point for fine of $430,000 and made reductions for remorse, reparations paid, remedial steps, cooperation with the investigation, previous good safety record and guilty plea. The final fine was $193,500, along with costs of $618.61. Judgment Date: 14 September 2020

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