In a reserved decision released recently, New Zealand’s Prepared Produce Ltd. was fined $196,406.25 for six offenses and ordered to pay $57,000 in reparation to three victims.
The fruit and vegetable processor pleaded guilty to three charges under the Health and Safety in Employment Act for failing to take all practicable steps to keep workers safe. They also pleaded guilty to three charges of failing to notify WorkSafe New Zealand of an occurrence of serious harm. They were sentenced in the Manukau District Court.
The three incidents occurred over a period of 18 months and all involved amputations while operating belt slicer machines. The first incident occurred on July 26, 2013 when a worker had his right middle finger and the tip of his ring finger cut off.
The second incident happened on Nov. 9, 2014 when a worker suffered a partial amputation of his right ring, middle and index fingers. The third incident occurred on Nov. 22, 2014 when an employee had his right index and middle fingers sliced off.
On all three occasions, Prepared Produce Limited failed to notify the workplace health and safety regulator. Instead WorkSafe only became aware after the Engineering, Printing and Manufacturing Union made a complaint in December 2014.
Incidents Have Major Impact on Workers
All three victims have been substantially affected by the incidents – both physically and emotionally. They find it hard to work; they struggle to hold objects in their hands; they suffer serious pain from their injuries and their relationships with families and friends are strained.
In the decision, the Court found that an inadequately guarded belt slicer poses an obvious risk to employees. Following the first accident, Prepared Produce Ltd. should have been put on notice and responded appropriately.
Author Kori Shafer-Stack, Editor, Amaxx Risk Solutions, Inc. is an expert in post-injury response procedures and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. www.reduceyourworkerscomp.com. Contact: kstack@reduceyourworkerscomp.com.
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