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company fined $138,500 after worker\'s hand severed
by：Top-In
2020-02-18
A Palmerston North plastics company was fined $138,500 for the fact that a worker\'s hand was cut off in a plastic extruder.
Plastic Product Recycling and manufacturer budget plastics earlier admitted that it failed to ensure the health and safety of staff.
This is the first prosecution under the Work Health and Safety Act No. 2015, which was brought after the tragedy of the Pike River coal mine No. 2010, in which 29 men were in remote locations
Under the Act, companies can be fined up to $1.
5 million, compared to $250,000 under the previous act.
Budget plastics was sentenced on Tuesday in the Palmerston North district court, fined $100,000, ordered $37,500 in compensation to victims, and paid Worksafe an additional $1000.
According to a court ruling issued today to the Herald, the incident occurred on the afternoon of April 6, 2016, when the man\'s name was suppressed and I stood on a wooden pallet, remove the waste plastic from a large plastic bag by hand and feed it into the extruder. \"After [the man]
I have taken most of the material out of the bag and there are still some leftovers left at the bottom, he tried to empty the leftovers by lifting the whole bag and throwing it into the hopper [a funnel]
\"Said the decision.
\"When he did this, part of the bag was caught [by the gallows [drill]
At the bottom of the Hopper, it starts to be dragged in. [The man]
Caught in the bag and lost balance, the left hand was dragged into the gallows along with the bag.
\"His hand was badly hurt and partially cut off.
Another worker saw what was going on and was able to turn off the machine to help him.
He was immediately flown to the Lower Hutt Hospital where he had surgery.
Worksafe has previously released guidelines specifically for plastic extrusion.
These include the need to fix the protective device to prevent the operator from touching the moving parts and place the protective net above the spiral.
They also asked the operator to have access to the emergency stop button with either hand.
Worksafe found some defects in the investigation, including the on/off switch and the control panel, both about 2 m from the position where the victim was standing.
It also found that the extruder was not adequately protected and that the operator needed to manually push the plastic into the screw.
Shortly before the accident, a health and safety expert found some health and safety defects inside the factory, especially the dangerous extruder.
Changes were being made at the time of the accident.
Judge Jim Raj said the incident was foreseeable. \"[T]
This is an obvious risk of amputation for those who use the machine.
The victim broke his hand partially.
It is possible to cause more serious harm.
\"He considers the liability of the company to be moderate and believes that the company is entitled to a compensation discount of 30
Surgery, remorse, remedial steps, and good previous records.
Its early guilt also led to a further 25-cent discount.
An affidavit from a chartered accountant submitted by the company found that a fine of more than $100,000 would cause significant difficulties in the business.
Judge Large said that the case was not serious enough to justify the need to waive a fine within the company\'s ability to pay and set the fine at $100,000, as well as compensation and fees.
According to the decision, the victim has since returned to work within a limited range of duties.
An article by Chapman Tripp law firm said that the outcome of the case has been waiting because it was the first successful prosecution under the new bill that could provide guidance.
\"This opportunity was basically missed,\" the article said . \".
We think this decision will disappoint many people.
Instead of setting a starting point, the sentencing judge suggested a scope.
This is very surprising.
\"It went on to say that due to the inability of small businesses to pay, fines for them are expected to be reduced on a regular basis.
\"We expect that as more cases appear in the courts, the high court will make some decisions in order to develop some sentencing guidelines under the new system.
This will provide a lot
Need certainty
Plastic Product Recycling and manufacturer budget plastics earlier admitted that it failed to ensure the health and safety of staff.
This is the first prosecution under the Work Health and Safety Act No. 2015, which was brought after the tragedy of the Pike River coal mine No. 2010, in which 29 men were in remote locations
Under the Act, companies can be fined up to $1.
5 million, compared to $250,000 under the previous act.
Budget plastics was sentenced on Tuesday in the Palmerston North district court, fined $100,000, ordered $37,500 in compensation to victims, and paid Worksafe an additional $1000.
According to a court ruling issued today to the Herald, the incident occurred on the afternoon of April 6, 2016, when the man\'s name was suppressed and I stood on a wooden pallet, remove the waste plastic from a large plastic bag by hand and feed it into the extruder. \"After [the man]
I have taken most of the material out of the bag and there are still some leftovers left at the bottom, he tried to empty the leftovers by lifting the whole bag and throwing it into the hopper [a funnel]
\"Said the decision.
\"When he did this, part of the bag was caught [by the gallows [drill]
At the bottom of the Hopper, it starts to be dragged in. [The man]
Caught in the bag and lost balance, the left hand was dragged into the gallows along with the bag.
\"His hand was badly hurt and partially cut off.
Another worker saw what was going on and was able to turn off the machine to help him.
He was immediately flown to the Lower Hutt Hospital where he had surgery.
Worksafe has previously released guidelines specifically for plastic extrusion.
These include the need to fix the protective device to prevent the operator from touching the moving parts and place the protective net above the spiral.
They also asked the operator to have access to the emergency stop button with either hand.
Worksafe found some defects in the investigation, including the on/off switch and the control panel, both about 2 m from the position where the victim was standing.
It also found that the extruder was not adequately protected and that the operator needed to manually push the plastic into the screw.
Shortly before the accident, a health and safety expert found some health and safety defects inside the factory, especially the dangerous extruder.
Changes were being made at the time of the accident.
Judge Jim Raj said the incident was foreseeable. \"[T]
This is an obvious risk of amputation for those who use the machine.
The victim broke his hand partially.
It is possible to cause more serious harm.
\"He considers the liability of the company to be moderate and believes that the company is entitled to a compensation discount of 30
Surgery, remorse, remedial steps, and good previous records.
Its early guilt also led to a further 25-cent discount.
An affidavit from a chartered accountant submitted by the company found that a fine of more than $100,000 would cause significant difficulties in the business.
Judge Large said that the case was not serious enough to justify the need to waive a fine within the company\'s ability to pay and set the fine at $100,000, as well as compensation and fees.
According to the decision, the victim has since returned to work within a limited range of duties.
An article by Chapman Tripp law firm said that the outcome of the case has been waiting because it was the first successful prosecution under the new bill that could provide guidance.
\"This opportunity was basically missed,\" the article said . \".
We think this decision will disappoint many people.
Instead of setting a starting point, the sentencing judge suggested a scope.
This is very surprising.
\"It went on to say that due to the inability of small businesses to pay, fines for them are expected to be reduced on a regular basis.
\"We expect that as more cases appear in the courts, the high court will make some decisions in order to develop some sentencing guidelines under the new system.
This will provide a lot
Need certainty
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