Three cases were referred to the High Court after appellants contested "excessive" fines. Photo / File
Three cases were referred to the High Court after appellants contested "excessive" fines. Photo / File
Two New Zealand companies have failed in their appeals to have fines reduced following breaches to the Health and Safety at Work Act 2015.
Stumpmaster, The Tasman Tanning Co, and Niagara Sawmilling Co Ltd had their appeals dealt with in the High Court earlier this year after the companies werefined for failing to comply with a workplace duty - such failures having exposed someone to risk of death, serious injury or serious illness.
The three cases were referred to the High Court after all appellants contended that the District Court had handed out excessive fines.
Niagara Sawmilling was indicated a fine of around $500,000 after a worker on a grader/trimmer machine had two of his fingers partially amputated after a piece of wood snagged.
The court found that the fixed guard that was installed was not adequate protection, and the company had ignored recommended changes by its health and safety adviser.
The District Court Judge assessed the offending as medium range and indicated a fine of around $500,000, however Niagara challenged the assessment of the offending, submitting it fell at the bottom of the middle band.
The District Court has five bands that indicate culpability and the size of a fine – very low, low, medium, high and very high.
Niagara noted that it had obtained, prior to the accident, the services of an expert and had implemented many other changes and the worker had been provided with intensive training.
However, the High Court found that the original assessment was correct and the appeal to have the fine reduced was dismissed.
The leather tanning company was fined $380,000 after a forklift driver fainted and knocked himself out. Photo / File
Stumpmaster, a Warkworth company that carries out residential arborist work, was indicated a fine of around $250,000, with reparation of $18,500, after a victim walked into a danger area and a tree fell on her.
The victim suffered injuries requiring hospitalisation for six days.
It was found the manner in which that part of the road was protected was inadequate.
Stumpmaster disputed its capacity to meet a fine as a small one-person company.
The identified fine of $250,000 was accordingly reduced to $90,000, payable at the rate of $5,000 per quarter.
In High Court Stumpmaster continued to challenge the level of fine on the basis of inability to pay, but its appeal to have the fine reduced was also dismissed.
The third company, Tasman Tanning Co Ltd, was the only company to have any success with its appeal.
The leather tanning company was fined $380,000 after a forklift driver fainted and knocked himself out due to a solution known as a "pickle liquor" being mixed incorrectly - and subsequently producing toxic levels of hydrogen sulphide.
The driver suffered concussion, and experienced on-going symptoms of memory loss, fatigue, dizziness and headaches.
The company was found to have breached several duties, including; inadequate communication protocols, inadequate training and warning about hydrogen sulphide and failing to provide workers with appropriate protection equipment.
The District Court assessed the offending at the upper level of the medium band and issued a fine of $380,000.
Tasman Tanning appealed the decision stating it felt its culpability had been set too high. It accepted responsibility but said it was not a systemic failure but said the accident was a product of people assisting outside their designated task and a breakdown in communication.
The High Court allowed the reduction of the fine starting point to $550,000 rather than $700,000, which meant the existing fine was reduced by $17,000.
