Department of Labour welcomes conviction

18 december 2007

The Department of Labour is welcoming the conviction of a company for failing to protect staff despite previous identification of a risk in the workplace.

Terra Lana company director, Malcolm Corbett, and the company were today sentenced in the Christchurch District Court after pleading guilty to failing to take all practicable steps to ensure staff were not exposed to a hazard while knowing failing to do so was reasonably likely to cause serious harm.

The charges were brought under Section 49 of the Health and Safety and Employment Act, and followed a Department of Labour investigation into a June 2006 injury to a Terra Lana employee.
The worker lost part of the ring and little fingers of his right hand after reaching into a Terra Lana ragging machine to clear a blockage. 

Judge Brian Callaghan ordered Mr Corbett and the company to each pay reparation of $6154.16 to the injured employee. The company was also fined $40,000.

Department of Labour Southern Regional Manager, Sheila McBreen-Kerr, said a previous investigation by the Department in March 2003 had identified the same hazard with the ragging machine’s use. The company had revised its safety procedures at the time, which included turning off the machine before attempting to clear blockages.

 “However, the Department’s investigation following the injury to the worker revealed a shortcut where employees could reach the inspection hatch to clear blockages without stopping the machine had become common practice,” Ms McBreen-Kerr said.

“Today’s conviction should remind all levels of management of their role in ensuring the health and safety of workers, and that failure to act after a hazard has been identified will not be tolerated,” Ms McBreen-Kerr said.

ENDS

To the journalist: Please note that health and safety services, formerly referred to as Occupational Safety and Health (OSH) should now be referred to as the Department of Labour.