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Concrete company fined after a worker lost his arm in a machine
A worker at a Manawatū concrete company lost his right arm when he had to pull himself from a machine and then run through the workplace seeking help.
This was described by a judge as a “remarkable display of stoicism”, at one stage the man fearing he would lose his life.
Surgeons could not reattach the arm and the man, whose name is suppressed, now has to use a prosthetic limb.
On Thursday in the Palmerston North District Court, the employer – Dunlop Drymix Ltd of Feilding – was fined $297,000. It also had to pay the worker $60,000 in emotional harm reparation, a sum reduced by $10,000 due to payments already made.
“There’s no doubt that the defendant company has been remorseful and has done everything that it possibly can to assist the victim,” Judge Jonathan Krebs said.
Dunlop Drymix admitted a charge laid under workplace health and safety legislation of exposing a person to risk of harm, over the incident on 26 November, 2021.
The worker, who had been at the business for five-and-a-half-years, decided to clean the conveyor, which transported dry concrete mix from where it was made to where it was bagged. The machine was not working at the time.
Workers did not have to manually operate it or work near it, and a row of cones was used to keep them away.
But the man moved these to clean the machine. He fetched a metal hose that used compressed air to blow dust from the conveyor belt, but dropped it in the machine. When he went to retrieve it, the machine was by then working. Judge Krebs said it was not clear how it turned on.
“As he reached in to collect the compressor, his fingers became caught between the belt and one of the rollers,” the judge said.
“In his own words, he tried to pull back from the roller, but the roller had his fingers too tightly. He was unable to pull his hands out and [was] dragged into the machine. At one point he feared he would lose his life.
“In a very chilling passage of his victim impact statement, he describes the pain and how the pain stopped when his arm was torn from his shoulder.
Judge Jonathan Krebs. Photo: RNZ / Jimmy Ellingham
“At that point, in a remarkable display of stoicism, he was able to run from the room where this occurred and make the accident known to other staff members.”
They immediately sprung into action to stem the bleeding, which could have proven fatal.
Judge Krebs said the worker, at one stage when his arm was being “gobbled up”, looked up at the emergency stop and realised it did not work.
“It seems unfortunate, to put it extremely mildly and neutrally, that that wasn’t working.”
Dunlop Drymix supporting worker financially
Dunlop Drymix took over the business from receivership in July 2021 and had undertaken an assessment, so knew of the risks the conveyor posed.
The judge said “significantly more” effort than cones, tape and signs should have been in place to keep workers away from it.
The judge reduced the fine because of the business’ previous good character, remorse and guilty plea.
Defence lawyer Brett Harris said this was a “terrible case”, and the most important thing was to have the best outcome and rehabilitation for the worker.
“The company is extremely taken aback and has found it very difficult to take on a business and have this kind of injury for the first time in their longer experience in business.”
Dunlop Drymix in Manawatū. Photo: Google Maps
Harris said the worker was paid full wages until the beginning of 2022. Since ACC payments began, Dunlop Drymix had met the 20 percent shortfall compared with the worker’s full salary, which the company would continue to pay this year.
The previous company, which fell into receivership, had lacked health and safety procedures, but Dunlop Drymix Ltd made positive changes, Harris said.
Prosecutor Karina Sagaga said the company did not provide training or instruction on how to clean the conveyor.
“As a result this victim suffered a life-changing injury – amputation of his right arm.”
She said this was another failure of a company to have a guard on a piece of machinery.
In a statement issued after sentencing, WorkSafe said the conveyor’s off switch was in the next warehouse, and an emergency stop was disconnected and not working.
It said protecting people from machines was a priority for WorkSafe, and far too many workers were killed or injured in that way.
“This life-changing injury could have been avoided if the machinery was properly safeguarded to industry standards,” WorkSafe area investigation manager Paul Budd said.
Dunlop Drymix has improved its health and safety systems, but its experience provided a warning for other businesses, he said.
In a statement, Dunlop Drymix said it extended its thoughts and remorse to the injured worker.
“Dunlop Drymix Limited has always prioritised the rehabilitation and the recovery of the injured worker and our thoughts are with this incredibly resilient worker as he continues with his recovery.”
It said it accepted responsibility for failures to ensure a safe system of working, including for work such as maintenance and cleaning the conveyor, and legacy issues from the previous company.
rnz
The chief executive of the Parliamentary Service is confident there will be enough room to accommodate the increased number of MPs and their staff coming into Parliament.
On current numbers, up to 131 MPs could be sitting in the Chamber following the election, brought on by a record overhang result.
Clerk of the House of Representatives Dr David Wilson told the Spinoff that currently the debating chamber had enough chairs to seat 124 MPs – including the Speaker of the House – and work was being done to accommodate more by altering the seating arrangement.
In a statement, Parliamentary Service chief executive Rafael Gonzalez-Montero said planning for a larger Parliament had been going for “some time”.
“Now that the election results have confirmed an increase to the number of members we are looking at several options.
“We are confident we will be able to accommodate all members within the Chamber.”
VNP / Phil Smith
Gonzalez-Montero said office accommodation for members and their staff would be “stretched” for a short time, but the new Members’ Building was only a few months away from “practical completion”.
That building – located behind Parliament – was due to be ready to occupy in April next year and had capacity to accommodate around 30 backbench MPs.
“All members should be in fit-for-purpose accommodation from that point,” Gonzalez-Montero said.
Following the 2023 election, 123 MPs sat in the Chamber – a record number at the time. That decreased to 122 following the resignation of National MP Judith Collins.
Collins held the seat of Papakura and stepped down in May and Parliament voted against holding a by-election because it was too close to the election.
The election result also meant high-ranking National Party MPs like Chris Bishop, Paul Goldsmith, Nicola Willis and Gerry Brownlee – Speaker of the House and an MP for 30 years – would likely not make it back into Parliament.
Only resigning or retiring MPs were permitted to give a valedictory speech meaning none of them would get the chance to give a valedictory statement.
Asked if their would be special allowances for valedictories, Wilson said in a statement that normally only MPs were allowed to speak in the House but the House could suspend its own rules or temporarily alter them.
“It could do so to allow former members to address the House.”
Wilson said no such arrangements could be made until the next Parliament opened and members sworn in.
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