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Safeguard OSH Solutions - Thomson Reuters

Safeguard OSH Solutions - Thomson Reuters



OSH Tracker

Department of Labour v de Connick (DC, 11/12/01)

OSH Tracker

Defendant:
Charles de Connick
A bankrupt company director was found liable under s.56 of the HSE Act for instructing his employee to use an unguarded drop saw. In the North Shore District Court on 11 December, Charles de Connick, director of Kiwi Foundation Systems Ltd (now in liquidation), was charged as a director with failing to ensure the safety of an employee, and, as an individual, with interfering with things associated with a serious harm accident. He was fined $200 on the s.56 charge and convicted and discharged on the other count. The prosecution arose after a labourer employed by de Connick's company suffered a fracture and multiple lacerations to his thumb while using a blunt, unguarded drop saw. These hazards had not been identified in the company's health and safety manual. After the accident the defendant bought a guard for the saw, although it was not suitable for its intended use. When questioned by OSH, after a third party reported the injury, he claimed the guard had been on at the time of the incident. Related charges against the defendant's company were withdrawn when it went into liquidation. 
Industry:
Construction
Sub-Industry:
General Construction
Risk:
Machinery (trapped, crushed, cuts)
Harm:
Injury
Penalty Amount:
$200.00
Reparation Amount:
$0.00
Appeared in Safeguard issue 73

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