Employer handed six-figure fine after workplace fatality

A meat-rendering company in Manawatū has been fined $350,000 after an employee died because of modified machinery while at work. The victim, a 47-year-old employee, died after he was trapped and crushed while using a meat-bagging machine at the company's factory in April 2021.

The machine involved was a replica of another machine on another site, according to WorkSafe. It was modified to fit its new location, creating "significant crushing hazards overlooked by the business," WorkSafe said. It added that the company's health and safety consultant was not an expert in machine guarding.

Citing its investigation, WorkSafe said the company failed to conduct an adequate risk assessment of the replica, failed to train its staff in using the machine, and did not properly supervise them on it.

There was also a lack of physical barrier between the worker and the machine’s  moving parts, WorkSafe said, noting that there was no easily accessible locking switch to stop the machine in cases of emergency.

As a result of the incident, the company was charged under the Health and Safety at Work Act 2015, which outlines employers' duties in ensuring that workers are not exposed to risk of serious injury or death.

The Palmerston North District Court fined the company $350,000 and ordered reparations of $130,000 to the victim's family.

Takeaway for employers

WorkSafe said the case underscores the importance of risk assessment on equipment in the workplace.

"Any business installing a new piece of equipment must identify the risks. It sounds simple but is so often missed," said Paul West, WorkSafe's area investigation manager. "You might have a machine that works perfectly well, but if you move or replicate it, ask yourself how the device is going to be used and if a hazard has been introduced. If you are bringing in a consultant, make sure they are competent in the job you're asking them to do."

WorkSafe New Zealand is the country's primary workplace health and safety regulator. Recently, it warned employers against relying on "verbal instructions" after two companies were fined $270,000 after an employee was hit by a vehicle while at work.