Court Summary - at a glance
Date of offence:
26 August 2022
Plea:
Guilty
Decision:
Convicted and sentenced
Final decision date:
Fine imposed:
The starting point for the fine was set at $420,000. Following discounts of 50% and the defendant's ability to pay, only $74,392 was imposed. This was to be paid over three years.
Safety lessons learned:
The defendant failed to:
- Ensure an effective risk assessment of the machine was completed by a person.
- Ensure the machine guarding on the machine met the requirements of AS/NZS 4024 or higher standard.
- Ensure a safe system of work was in place for the machine, including a standard operating procedure, pre-start check, and a monitoring and maintenance procedure.
Defendant name:
Flexicon Plastics Limited
Industry:
Manufacturing
Date of offence:
26 August 2022
Facts in brief:
The victim was cleaning a plastic granulator machine and leant on an inadequately guarded on/off switch which turned the machine on while his hand was in the rotor of the machine. Two fingers were amputated and another degloved.
Offence section:
Sections 36(1)(a) and 48(1) and 48(2)(c) of the Health and Safety at Work Act 2015
Date(s) charged:
17 August 2023
Court:
Waitakere - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted and sentenced
Fine imposed:
The starting point for the fine was set at $420,000. Following discounts of 50% and the defendant's ability to pay, only $74,392 was imposed. This was to be paid over three years.
Maximum fine available:
$1.5 million
Reparation:
Emotional harm – $33,000
Consequential loss – None (ACC top-up paid before hearing)
Costs – $2,200.66
Consequential loss – None (ACC top-up paid before hearing)
Costs – $2,200.66
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