The District Court has convicted a company and ordered it to pay $85,000 reparation to the family of its employee, who was killed when their arms became entrapped in machinery.

The deceased had been employed by the defendant for over 30 years and was a very experienced machinery operator.  It is not known exactly how or why the deceased became entrapped in the machine but the Court found that the guards on the machine were not sufficient to protect employees from becoming entrapped in the machine and that there was not a safe operating procedure in place for the machine. 

All machinery should have guards in place that prevent employees coming into contact with moving parts of the machine while it is in operation. In addition there must be operating procedures which are developed and the staff trained and monitored on their correct operation.

Alan Knowsley

Health & Safety and Employment Lawyer

Wellington