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Safeguard OSH Solutions - Thomson Reuters

Safeguard OSH Solutions - Thomson Reuters



OSH Tracker

Department of Labour v Hutchinson Brothers Ltd (DC, 30/08/95)

OSH Tracker

Defendant:
Hutchinson Brothers
Several breaches of the HSE Act resulted in total fines of $12,000 being imposed on Hutchinson Brothers Limited (trading as Pak'n Save) in the Auckland District Court on 30 August, after an accident in which a young worker suffered a fractured ankle when he was hit by a forklift.  OSH investigation showed the injured youth had worked continuously for 17 hours by the time the accident happened; that there was a lack of designated areas for forklifts to travel; that the flashing light on the machine was not working; and that although the forklift operator was trained, there was no monitoring of him by the firm to ensure the forklifts were being used safely.  The accident came to OSH’s attention as a result of anonymous information. It had not been notified in written form within seven days as required by s25 of the Act. Further OSH investigation also showed that the injured worker and others had not been given information on what to do if an emergency arose in the workplace, and that some safety devices and procedures for working in refrigerated rooms were deficient.  The company was fined $3000 for failing to ensure employee safety, with $1500 awarded to the injured youth; $3000 on a further s6 charge of failing to provide a safe working environment; $3000 for failing to have a method for identifying hazards; and $3000 for failing to give information on what to do in an emergency. On the charge of failing to notify within seven days the firm was convicted and discharged.  The accident also led to a fine of $1500 on the supermarket manager Hugh Fidelis O'Neil for failing to ensure his inaction did not harm another person. The Court heard that the supermarket franchise principal had provided a health & safety policy and offered assistance in its implementation but that the defendant had failed to do anything about it. 
Industry:
Retail Trade
Sub-Industry:
Food Retailing
Risk:
Vehicle - mobile plant (eg forklift, platform)
Harm:
Injury
Penalty Amount:
$12000.00
Reparation Amount:
$1500.00
Appeared in Safeguard issue 34

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