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Court Summary - at a glance

Date of offence:
3 October 2017
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$250,000

Safety lessons learned:
  • Engage a competent person to undertake a systematic risk assessment of the Sencorp Extrusion Coating Line and recommend appropriate controls;
  • Ensure plant is safe for workers by installing suitable guarding on the Sencorp Extrusion Coating Line machine;
  • Develop, implement and monitor a safe system of work for the machine.

Defendant name:
Alto Packaging Limited
 
Industry:
Manufacturing
 
Date of offence:
3 October 2017
 
Facts in brief:
On 2 October 2017 the victim was working on the night shift at the Albany site of the PCBU. At that time the shifts were 12 hours long. The team was running a new variation of an existing product on the Sencorp Extruder Line machine. At least two members of the six-person team were inexperienced on the machine. The victim was experienced with the operation of the machine, but was not the designated operator on the shift.

There were a number of line breaks in the product, which caused concern due to the build-up of butane gas and material in the area. The workers were particularly busy trying to get the product to work.

In the early hours of the next morning, the victim pulled material through the coating line and proceeded to thread the material into the coating line rollers. The rollers had not been re-opened and the victim’s fingers got caught.

The team members did not initially realise the victim was injured, and upon realising this, a team member drove the victim to the North Shore Hospital. No ambulance was called to the workplace.

The victim lost the tips of his right hand middle and ring fingers, including the first knuckle on both fingers.
 
Offence section:
Sections 48(1) and (2)(c), and 36(1)(a) of the Health and Safety at Work Act 2015
 
Date charged:

Court:
North Shore - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$250,000
 
Maximum fine available:
$1,500,000
 
Reparation:
$32,500 for emotional harm ($25,000 having been paid prior to sentencing)