Published 09 December 2021
Sentencing — exposing individual to risk of harm — hand injury — cutting injuries — Health and Safety at Work Act 2015, ss 36(1)(a), 48(1) & 48(2)(c) — Stumpmaster v WorkSafe New Zealand [2018] NZHC 2020 — WorkSafe New Zealand v Allflex Packaging Limited DC Manukau CRI-2017-092-014520, 5 October 2018 — WorkSafe New Zealand v Eurocell Wood Products Limited [2018] NZDC 21568 — WorkSafe v Marshall Industries Ltd [2018] NZDC 4498. The defendant company appeared for sentence after pleading guilty to a charge of exposing an individual to the risk of harm. One of its employees had got his hand caught in a finger joining machine and suffered major injuries. Most of his hand was amputated. A WorkSafe investigation showed that the defendant had failed to install a guard on the machine; to develop, implement and monitor a safe system of work for the machine; and to provide effective information, training and supervision of its workers. The defendant's conduct was a clear departure from industry standards, and the hazard was obvious and would have been easily prevented. The Court ordered emotional harm reparations of $25,000 plus consequential losses of $3292.70. The start point for fine was $400,000 uplifted to $420,000 for previous offending. The Court then allowed reductions for remorse, reparations already paid, cooperation with the investigation, remedial steps and guilty plea. The final fine was $189,000. The Court also ordered costs of $2038.46. Judgment Date: 3 September 2020.
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