Affco New Zealand fined $70k for second serious incident with meat hook

Workers gather outside Affco's Rangiuru plant near Te Puke. Photo / File

Affco New Zealand has been fined $70,000 and must pay $10,000 to the victim of a second workplace accident involving serious injuries from a meat hook spreader.

On January 15 last year Jonas Kordt was working on the mutton slaughter floor at Rangiruru plant when his face was caught between the prongs of a spreader hook.

Kordt was then dragged up to 1.5m along the chain until his head hit a metal knock-off block. His head was crushed and he had cuts, bruising and a chipped molar.

Affco defended three breaches of the Health and Safety in Employment Act at a judge-alone trial in Tauranga District Court back in May.

Judge Paul Mabey QC reserved his decision after hearing legal submissions.

Among the points at issue was whether Affco should have identified the knock-off block as a hazard before the January 15 accident.

Judge Mabey convicted Affco in September on two of the three charges laid by WorkSafe New Zealand.

That is, that Affco failed to take all practicable steps to ensure the safety of its employee Jonas Kordt was not exposed to hazards arising out of work on the mutton chain.

Affco was also convicted of failing to ensure Kordt was adequately trained in the safe use of all plant and objects the employee used or may be required to used or handle.

Judge Mabey delivered his sentence in Tauranga District Court today.

The judge fined Affco New Zealand Limited $70,000 and an ordered the defendant to pay $10,000 emotional harm reparation to the victim immediately.

In his written sentencing decision Judge Mabey said he did not accept that Affco's culpability was in the lower range.

"To the contrary, I consider that it is well within the medium range. Given the aggravating factor that Affco was clearly on notice after the 2014 incident I consider that a starting point beyond that adopted by the High Court for that incident is appropriate."

"Again for the reasons I have referred to, an uplift for Affco's previous convictions is justified," the judge said.

"Affco did, as it should, take care of Mr Kordt after the injury and was clearly co-operative with the Worksafe investigation. Remedial steps were taken after the accident, as they should be, and I am satisfied that reparation will be paid immediately."

Judge Mabey said he could not agree a full 25 per cent discount for mitigating factors would be justified and reparation should be limited to $5000.