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Court Summary - at a glance

Date of offence:
12 December 2017
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$120,000

Safety lessons learned:
  • Ensure the Dirinler Eccentric Press is adequately guarded;
  • Develop, implement, monitor and review a safe system of work for the Dirinler Eccentric Press;
  • Provide effective information, training, instruction, and supervision to workers working with the Dirinler Eccentric Press.

Defendant name:
Kimberley Tool & Design (N.Z.) Limited
 
Industry:
Manufacturing
 
Date of offence:
12 December 2017
 
Facts in brief:
The victim, a process worker, was tasked with operating a Dirinler Eccentric 60 tonne press. The victim was unaware that the machine had been changed from single stroke mode to continuous stroke mode. After the first mould was pressed, the victim reached into the lower die with her right hand to retrieve the excess metal. Due to the lack of guarding on the machine, when the press cycled again, it came back down on her thumb causing serious injury. The key enabling the modes to be changed was left in the machine.
 
Offence section:
Sections 48(1) and 2(c), and 36(1)(a) of the Health and Safety at Work Act 2015
 
Date charged:

Court:
Waihi - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$120,000
 
Maximum fine available:
$1,500,000
 
Reparation:
$17,000 for emotional harm