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Safeguard OSH Solutions - Thomson Reuters

Safeguard OSH Solutions - Thomson Reuters



OSH Tracker

Department of Labour v Ultralon Products (New Zealand) Ltd (DC, 07/09/01)

OSH Tracker

Defendant:
Ultralon Products (NZ)
A labour hire company has been prosecuted for failing to identify and manage hazards in a client's workplace, in what is understood to be the first action of this type against such an agency. In the Christchurch District Court on 7 September, Drake Personnel (New Zealand) Ltd was fined $1000 under s6 of the HSE Act after an employee who had been assigned to work two evening shifts at a manufacturing plant lost two fingers when he slipped while cleaning a buffing machine and caught his hand in an abrasive roller. Two fingers were crushed so badly they had to be amputated at the first joint. The court acknowledged that the defendant's culpability was one step removed, but nevertheless accepted that it had failed to carry out a worksite assessment to identify the hazards to which its employee would be exposed, and to eliminate, isolate or minimise them as far as practicable. The manufacturer, Ultralon Products (NZ) Ltd, was fined $2000 under s16(1)(b) because the temp worker had not been trained on how to clean the machine or to turn it on or off. Also, a wrongly replaced guard had left more of the roller exposed than usual. 
Industry:
Manufacturing
Sub-Industry:
Metal Product Manufacturing
Risk:
Machinery (trapped, crushed, cuts)
Harm:
Injury
Penalty Amount:
$2000.00
Reparation Amount:
$0.00
Appeared in Safeguard issue 72

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