Gisborne company’s WorkSafe trial over 2022 worker death adjourned until August

WorkSafe NZ brought a charge against Gisborne company M E Jukes & Son after the death of a worker in 2022. The company pleaded not guilty in 2023, and the case went to trial this week. Photo / Anne-Marie De Bruin

A WorkSafe NZ prosecution relating to the 2022 death of a Gisborne worker who was trapped in a waste shredder has been adjourned until August.

The judge-alone trial, at Gisborne District Court before Judge Warren Cathcart, involves Gisborne company M E Jukes & Son defending a charge brought against it by WorkSafe after the death of employee Maurice Dooling in April 2022.

Dooling, 47, was operating a waste shredder at the company’s Stanley Road premises when his legs became entangled in the machine.

He was freed, but later pronounced dead.

The trial was adjourned after four days of evidence this week to allow time for further submissions from defence and prosecution lawyers.

WorkSafe says the PCBU (Person Conducting a Business or Undertaking) failed to comply with its duty, which exposed an individual to the risk of death or serious injury or serious illness.

M E Jukes & Son pleaded not guilty to a charge under sections 36(1)(a), 48(1) and (2) (C) of the Health and Safety at Work Act 2015.

Counsel Tim MacKenzie, appearing for WorkSafe, submitted that it was reasonably practicable for the company to have ensured its construction waste shredder was adequately guarded by a perimeter guard with interlocked access.

Interlocked access means the machine would automatically shut down when the access point was opened.

Edwin Boshier and Daniel Robinson, of Auckland law firm Duncan Cotterill, appearing for M E Jukes & Son, submitted that administrative controls, such as company rules and safety training, and existing safety measures were sufficient to protect workers from the risk of death or serious injury in foreseeable circumstances.

The offence of failing to comply with a duty that exposes an individual or individuals to risk of death or serious injury or serious illness carries a maximum fine of $1.5 million.

The court heard that workers would occasionally need to enter a part of the machine around the shredder to clear jammed material that could not be cleared from the observation area, and that employees were trained to make sure the machine was turned off before doing this.

Expert witnesses for the prosecution and defence spoke at length on the technical rules and best practice guidelines involved under New Zealand and Australian safety standards.

Expert evidence for the defence focused on the administrative controls being sufficient, while the court also heard from mechanical engineers for the prosecution about the need for physical guards, such as gates and fencing.

WorkSafe inspector Russell Young and his assistant inspector at the time of the incident, Scott Quate, were present in the courtroom and were witnesses.

Judge Cathcart formally adjourned the matter until a further hearing on August 8, when he will consider further submissions. His decision would then be reserved, he said.