While trying to clear a blockage on April 5, 2021, the victim, who cannot be identified due to a suppression order, removed the diverter and put a hand inside the machine, forgetting they had turned it back on.
WorkSafe’s summary of facts said one of the worker’s fingers came into contact with a “twin screw mechanism” in the machine and was partially amputated.
Addiction Pet Foods had not identified or documented the diverter removal hazard.
After the incident, WorkSafe banned the use of the machine and Addiction Pet Foods took several measures to make using it safer.
This included installing extra safety switches; modifications to prevent access to moving parts; a new guard to cover the knife end of the machine during cleaning; adding an extra emergency stop; and installing a Flexisoft safety controller and safety contractors.
The incident followed one in June 2018 when a worker had three fingers partially amputated after they were trapped, crushed and burned inside a machine. In that case, Addiction Pet Foods was convicted and fined $132,000, in July 2020.
The company was issued improvement notices in 2014, 2015, 2018 and 2019 over various alleged failings of its health and safety procedures and complied to “WorkSafe’s satisfaction”.
Judge Melinda Mason released her written sentencing decision to the Bay of Plenty Times following hearings in the Tauranga District Court on May 26 and August 17 in relation to the 2021 amputation.
It confirmed WorkSafe and Addiction Pet Food’s lawyers agreed emotional harm reparation of $20,000 and $710 for consequential loss for the victim were appropriate, but they differed on the fine’s starting point.
In her sentencing decision, Judge Mason said after “weighing up the aggravating and mitigating factors”, she agreed with the defence that the fine’s starting point should be $350,000 and increased this by five per cent for the 2020 conviction.
“I agree that the company has actually done quite a lot to try and get this right, but, unfortunately, it did not and they [Addiction Pet Foods] concede that with their guilty plea,” she said.
The judge allowed a 30 per cent discount for the guilty plea and remorse, and 7.5 per cent for the defendant’s co-operation with the investigation and safety improvements to the machine.
Judge Mason ordered Addiction Pet Foods to pay a $201,250 fine over five years and to pay the victim $20,000 for emotional harm reparation plus $710 in consequential loss.
In addition, the company must pay WorkSafe’s legal costs of $3,671.
She suppressed the identity of the victim.
Sandra Conchie is a senior journalist at the Bay of Plenty Times and Rotorua Daily Post who has been a journalist for 24 years. She mainly covers police, court and other justice stories, as well as general news. She has been a Canon Media Awards regional/community reporter of the year.
