Affco fined $75,000 for industrial accident

A district court judge made an example of Affco New Zealand Ltd yesterday, fining it a total of $75,000 for an accident that caused an employee to lose his finger.
Affco pleaded guilty in Wanganui District Court to one charge of failing to take all practicable steps to ensure the safety of freezer hand Richard Gerrard Hood by ensuring he was not exposed to workplace hazards.
According to the summary of facts, on July 4, 2007 at 11.45am, Mr Hood had been transferring cartons of frozen meat on to a conveyor belt at the Imlay plant, when he stopped to rest his gloved left hand on the side of the belt, which was still running.
His index finger was drawn into the machine and crushed, lacerated and amputated at the first joint.
Mr Hood was taken to hospital, where he had reconstructive surgery on the second section of his finger. However, the surgery was unsuccessful, and the finger was later amputated at the second joint.
Department of Labour prosecutor Catalijine Pille told Judge Michael Radford Affco had breached the Health and Safety Employment Act and could have taken steps to fit protective guarding on the conveyor belt before the accident happened.
Defence lawyer Graeme Malone argued that while Affco accepted its fault, it had not ignored its obligations under the act.
The issue of guards had not been raised and the company spent a lot of money on health and safety systems, he said.
In sentencing Affco, Judge Radford sympathised with Mr Hood, who had worked there for 11 and a half years, and acknowledged the impact of the accident, which had left him unable to work for five months and put severe strain on his relationship.
"Although at first blush this is only a finger injury, he has suffered tragically as a result of what has happened to him & the company ought to reflect on the effect of this injury on its long-term employee," he said.
Affco's culpability was "very high" and it had an obligation to ensure employee safety, he said.
It was not enough to simply say machinery had been installed 'according to manufacturers' regulations" or according to "standard practice", Judge Radford said.
"If a company fails to take these steps its culpability is significant, particularly when the problem is easily identified and easily remedied."
He ordered Affco to pay a $60,000 fine and $15,000 compensation to Mr Hood.
"Mr Hood, that's the best I could make of a sad and tragic situation," he said.