Court Summary - at a glance
Date of offence:
24 January 2022
Plea:
Guilty
Decision:
Convicted and sentenced
Final decision date:
Fine imposed:
Thompson starting point $450,000. Following discounts of 45% the final fine was set at $247,500.
Safety lessons learned:
It was reasonably practicable for Thompson Engineering (2002) Limited to have:
- Ensured the machine was adequately guarded to the standard described in AS/NZS 4024, or equivalent or higher.
- Developed, implemented, monitored, and reviewed an effective safe system of work to ensure the machine’s safe operating procedures were updated to reflect any modifications to the machine.
Defendant name:
Thompson Engineering (2002) Limited
Industry:
Manufacturing
Date of offence:
24 January 2022
Facts in brief:
A worker was using an unguarded punch and shear machine with a jig attachments to make cleats. The regular machine used for this purpose was out of order. The victim worker was able to have his hand in the pressing area while operational, this occurred. 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:
14 December 2022
Court:
Timaru - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted and sentenced
Fine imposed:
Thompson starting point $450,000. Following discounts of 45% the final fine was set at $247,500.
Maximum fine available:
$1.5 million
Reparation:
Emotional harm – $35,000 ($30,000 already paid before hearing)
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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