September 27, 2011

Chicken producer must pay $46,250

By Anne Clarkson at the Rangiora Court House

A woman who lost the tip of her index finger in a mincing machine is to be paid $5000 for emotional harm, and her employer Tegel Foods Ltd has been fined $41,250 for only giving a verbal warning of the danger.

Tegel Foods Ltd admitted a charge of failing to take steps to ensure safety and was appearing for sentence today in a Christchurch District Court session at the Rangiora Court House.

Department of Labour prosecutor Alex Leulu said the verbal instruction to keep hands away from the blade on the machine was insufficient, and a guard would not have been expensive.

Tegel Foods Ltd acknowledged that the formal processes at the factory were not followed, and once identified the hazard should never have been left.

Judge Jane Farish said the accident happened on October 6 last year, where the woman lost the top of her left index finger to the first joint, and suffered further scarring and damage to her hand.

She is still employed at the factory, and had been offered counselling and rehabilitation by her employer.

Her victim impact report said it was psychologically difficult to cope with, and she had to rely on family to do the cooking and housework because she could not use her left hand. She had a loss of sensation in two fingers of her hand. She had also refrained from social activities because of how her hand now looked.

Judge Farish said the $5000 reparation payment was to assist her emotional harm, and the impact it has had on her.
Judge Farish said the fine of $41,250 was based on culpability,?and she acknowledged that the company had taken some steps to minimise the risk.

But not doing anything other than verbally advising staff was significant and negligent, she said. The hazard was obvious and the potential for harm was obvious, and fixing a guard would have rectified it.

She said the company had offered reparation, was remorseful, and had taken steps to assist their employee. The machine had been decommissioned.