An Auckland company that makes pizza and noodles has avoided a fine after a worker badly injured fingers in a dough-making machine. Photo / 123RF
An Auckland company that makes pizza and noodles has avoided a fine after a worker badly injured fingers in a dough-making machine. Photo / 123RF
A man working at a pizza and noodle-making premises lost four fingers after his right hand was crushed in a dough machine – but the company has avoided a potentially hefty fine for the workplace accident.
Ashneel Narayan got his hand caught in an exposed chain while operating the “inadequately guarded” dough extruder machine at Mommas Foods Group in Papatoetoe in late 2021.
The Auckland-based company makes chilled and frozen pizza, plus a range of Asian noodles, dumplings and wontons.
It was charged a year after the accident and pleaded guilty in the Manukau District Court to breaching a workplace health and safety rule.
On December 6, 2021, Narayan was trying to remove overflow dough from the bottom of the machine.
The summary of facts said that at some point before the accident, a transmission guard on the side of the extruder dislodged and was not adequately fixed to the machine.
Narayan was feeding dough into the hopper before the machine was switched off by a co-worker, so they could attend a meeting.
When they returned and the machine was switched back on, Narayan noticed dough had overflowed next to an exposed transmission chain and sprocket.
With the dough extruder still running, Narayan reached towards the transmission chain with his right hand.
His hand was caught in the exposed transmission chain. He was taken to hospital, where his right thumb, index finger, ring finger and middle fingers were amputated.
The worker was taken to hospital where fingers on his right hand were amputated. Photo / 123rf
Judge Debra Bell said in her reserved decision released in March, following sentencing in February, that the victim impact statement showed the impact had been “horrific” for Narayan and his family, and that she was concerned for him and the future he saw ahead.
The WorkSafe NZ charge alleged that the company failed to ensure a competent person conducted an effective hazard and risk assessment of the dough extruder machine, failed to ensure it was adequately safeguarded to the correct standard and failed to ensure its workers had adequate training, supervision, and experience.
The offence carried a maximum penalty of a $1.5 million fine.
The starting point in this case was set at $450,000 but the company walked away without a fine due to “financial incapacity”, after it was placed in liquidation in November 2023.
However, it was ordered to pay emotional harm reparation of $35,000, plus $11,284 in consequential loss and costs of $7802.
A company spokesperson told NZME they felt that was a fair outcome, given it was fighting to stay afloat and that 30 to 40 jobs would have been on the line if it had been fined.
Judge Bell said in her reserved decision that she was satisfied that Mommas Foods was unable to pay a fine, based on the evidence provided.
“It does not appear Mommas Foods has a realistic ability to pay a fine by instalment, at least over the next one to two years.
“Beyond that it is not possible to say on the available information, assuming Mommas Foods continues to trade,” she said.
Judge Bell was mindful that a fine order could mean an end to the business, but that should not send a signal to others in the industry that a fine could be avoided.
“That is because each case must be looked at on its own facts, considering the financial circumstances of the individual.”
The company told NZME that it had carried out a proper review and the compliance failures identified by WorkSafe after the accident had since been rectified and the company had passed a WorkSafe audit.
The spokesperson said the business had offered to accommodate Narayan by keeping him employed but in a different role.
Tracy Neal is a Nelson-based Open Justice reporter at NZME. She was previously RNZ’s regional reporter in Nelson-Marlborough and has covered general news, including court and local government for the Nelson Mail.
