A fine of $225,000 was imposed. Reparations of $37,465 were ordered, but $25,000 of this was paid prior to sentencing. The maximum penalty is a fine not exceeding $1.5 million.
An inquiry by WorkSafe revealed that the victim’s injuries were caused by inadequate risk assessment and inadequate machinery safety measures. Additionally, there were no lockouts to safely isolate and de-energise machinery components that can hurt employees. The conveyor involved has now been decommissioned.
“The injuries in this case were significant and affected the independence of Mr Nevill, who was on his fifth consecutive summer working for Clyde Orchards,” said WorkSafe’s area investigation manager, Steve Kelly.
“Although he was the unfortunate victim, it could have been anyone on staff given the risks that were present
“Seasonal workers are just as entitled to health and safety protection as those who work year-round in a business.”
Kelly stated that given that seasonal workers are more likely to suffer job injuries, the flaws in this case are “simply not good enough”
“Seasonal work and tasks like harvest can put a huge amount of pressure on everyone involved, so managing the risks is essential,” Kelly said.
“The lives, health and wellbeing of workers must be your number one priority. We will continue to hold manufacturers to account for failing in their health and safety responsibilities.”
Rachel Maher is an Auckland-based reporter who covers breaking news. She has worked for the Herald since 2022.
