Court Summary - at a glance
Date of offence:
On or about 15 October 2020
Plea:
Found guilty following hearing on 5–9 December 2022
Decision:
Convicted
Final decision date:
Fine imposed:
The starting point for the fine was set at $350,000. Following discounts of 20%, the final fine was set at $280,000.
Safety lessons learned:
It was reasonably practicable for the defendant to have:
- provided and maintained adequate systems and processes to ensure that hazards arising from plant were identified, and managed immediately and appropriately;
- ensured the brisket cutter was safe to use, namely that the two-handed controls could not be bypassed; and
- ensured adequate instruction, monitoring, and supervision of workers, for the purpose of ensuring ongoing compliance with safe use and handling.
Defendant name:
Progressive Meats Limited
Industry:
Agriculture
Date of offence:
On or about 15 October 2020
Facts in brief:
The victim was a recent school-leaver who sustained injuries while operating the brisket-cutter which was thought to only be able to be operated with two hands, however, the victim was shown (during his training) how to override the two-handed method and was able to operate it with one hand. The brisket cutter came into contact with his right hand and the victim sustained partial amputation of his fingers and amputation of his right thumb.
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:
14 October 2021
Court:
Hastings - District Court
Plea:
Found guilty following hearing on 5–9 December 2022
Final decision date:
Decision:
Convicted
Fine imposed:
The starting point for the fine was set at $350,000. Following discounts of 20%, the final fine was set at $280,000.
Maximum fine available:
$1.5 million
Reparation:
Emotional harm – $40,000
Consequential loss – $8,000
Consequential loss – $8,000
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