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Safeguard OSH Solutions - Thomson Reuters

Safeguard OSH Solutions - Thomson Reuters



OSH Tracker

Department of Labour v Moore Business Forms and Systems Ltd (DC, 29/09/95)

OSH Tracker

Defendant:
Moore Business Forms and Systems
Taping back a perspex guard to allow easy access to a dangerous machine part was held to be an exacerbating element and an indication of high employer culpability when the Otahuhu District Court convicted Moore Business Forms and Systems Limited on 29 September 1995 for three breaches of the HSE Act. Action was brought after a process worker suffered serious finger lacerations and crushing on a stitching machine used for book binding. On noticing that a page of the book she was stitching was misaligned, the worker attempted to straighten the page but inadvertently pressed the foot pedal which activated the machine. There was no shroud fitted over the pedal to prevent accidental engaging, and a point-of-operation guard fitted to the raised position allowing easy access to the stitching head. On a s6 charge the company was fined $2500, with $2000 of this awarded to the injured worker. On a s7 charge re hazard identification it was fined $7500, while it was convicted and discharged on a s13 count of failing to adequately train. In ruling on the case the Court took into account the company's previous convictions and the exacerbating element of the taped-back guard. 
Industry:
Manufacturing
Sub-Industry:
Wood and Paper Product Manufacturing
Risk:
Machinery (trapped, crushed, cuts)
Harm:
Injury
Penalty Amount:
$10000.00
Reparation Amount:
$2000.00
Appeared in Safeguard issue 35

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