Court Summary - at a glance

Date of offence:
3 June 2021
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
Starting point for fine of $550,000
Uplift of 5% for previous incident = $577,500
Discounts of 45% = $317,625
Final fine of $18,000 due to financial incapacity

Safety lessons learned:

Being a PCBU, having a duty to ensure, so far as reasonably practicable, the health and safety of workers who work for the PCBU while the workers are at work in the business or undertaking, namely operating the Vemag Robot 500 Filler Dough Portioner, did fail to comply with that duty and that failure exposed individuals, including Christiane Armesto, to a risk of serious injury.

It was reasonably practicable for Bakeworks Limited to have:

  • Ensured that the machine was adequately guarded (to the standard described in AS/NZS 4024 or better)
  • Implemented an inspection and maintenance programme for the machine to ensure that a competent person regularly inspected, tested, and maintained the machine’s guarding and safety control system
  • Developed safe operating procedures for the machine, including procedures for dealing with end of production, stopping, isolating and cleaning the machine post production
  • Ensured that workers were adequately trained in the safe operating procedures for the machine.

Defendant name:
Bakeworks Limited (3 June 2021 incident)
 
Industry:
Manufacturing
 
Date of offence:
3 June 2021
 
Facts in brief:
On 3 June 2021, Ms Christiane Armesto (the victim) was making keto bread using the Vemag Robot 500 Dough Portioner machine. While trying to remove dough stuck inside the machine, Ms Armesto reached under and through the acrylic guard to where a guillotine was positioned. The pneumatic guillotine went through a cycle, slicing off the tip of the middle finger of her left hand. The severed portion of her finger was unable to be reattached.
 
Related prosecutions:
 
Offence section:
Sections 36(1)(a), 48(1) and (2)(c) of the Health and Safety at Work Act 2015
 
Date(s) charged:
27 May 2022

Court:
Waitakere - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
Starting point for fine of $550,000
Uplift of 5% for previous incident = $577,500
Discounts of 45% = $317,625
Final fine of $18,000 due to financial incapacity
 
Maximum fine available:
$1.5 million
 
Reparation:
Emotional harm - no orders for emotional harm necessary (the defendant made payments to both victims over and above any orders for emotional harm and consequential loss), however the court stated it would have awarded emotional harm of $50,000 for Ms Sale (January incident) and $20,000 for Ms Armesto (June incident).
Costs - legal costs of $7,177.24. Expert costs of $3,001
 
Related Documents:
PDF
WorkSafe New Zealand v Bakeworks Limited (PDF 214 KB)
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