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Home / New Zealand

$10,000 fine a joke, says man sliced in shredder

By Jon Stokes
6 Dec, 2006 04:00 PM3 mins to read

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Chris Fromont and his wife after the series of operations that followed his accident in the shredder. Photo / Rob Tucker

Chris Fromont and his wife after the series of operations that followed his accident in the shredder. Photo / Rob Tucker

KEY POINTS:

The court's judgment was never going to take away the sadness and disbelief that haunt Chris Fromont.

For 10 months he has fought his way back from a work accident that should have claimed his life.

Doctors labelled him a "miracle man" after he lost both legs and
most of his left arm when he was dragged into an industrial shredder at New Plymouth's rubbish transfer station, where he worked.

Yesterday, Manawatu Waste Ltd pleaded guilty in the New Plymouth District Court under the Health and Safety in Employment Act, admitting it failed to take all practicable steps to ensure his safety on February 22.

The company was fined $10,000 and ordered to pay reparations of $30,000.

The decision left Mr Fromont stunned, and he required time alone with his wife before he was able to join family and supporters.

Later, at home, he labelled the sentence "a bit of a joke".

He said 10 times the penalty would have been more appropriate.

He said the company's lax safety procedures were the sole cause of the accident which has left him unemployable and likely to be dependent on others for the rest of his life.

"I never got any meaningful training, there was no written safety instructions and there were no documented procedures."

The Labour Department said the shredder was not adequately guarded, and staff were not provided with documented standard operating procedures.

Brett Murray, workplace services manager for Taranaki, said the machine had been a disaster waiting to happen, with operators regularly entering the hopper to unblock the cutting discs.

"While there were a number of methods which could be used for removing a blockage from the cutting discs, Mr Fromont thought that the only way to unblock a jam was to get into the hopper of the shredder while the cutting discs were going and try and move the blockage with his feet."

Mr Murray said Manawatu Waste had identified problems with the shredder as early as 2004.

At that time the company's health and safety contract manager had raised concerns about the machine, and recommended modifications to make it safe for employees and members of the public, who would deposit material in the hopper for composting.

Mr Fromont said he would be left to deal with the consequences of the company's failure to protect staff for the rest of his life.

"I am not happy with the compensation and only a $10,000 fine. I have lost two legs and an arm, I have had to go through six operations. A $10,000 fine is ridiculous, to get away with what they have done.

"I can't turn the clock back so I'm determined to get on with life and get on with the future. I'm planning to be independent and live a normal lifestyle."

Judge Louis Bidois commended Mr Fromont for the strength of character that had allowed him to survive the ordeal.

"Your life has been irrevocably changed."

He said the sentence was mitigated by the genuine remorse of Manawatu Waste, its early guilty plea, and some degree of human error in the cause of the accident.

"This case has been devastating for all. No amount of money will ever compensate the victim for the amount he has suffered."

Waste Management general manager Ray Lambert said he felt deeply for the family and apologised for the hurt they had endured.

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