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Home / New Zealand

Fined for serious burns

By Kelli Hooks, kelli.hooks@age.co.nz
Wairarapa Times-Age·
26 Jul, 2013 06:00 PM3 mins to read

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A prominent wood-processing company has been fined $33,000 and ordered to pay reparation of $5000 after an employee was severely burned at its Carterton plant.

Juken New Zealand appeared in the Masterton District Court on Thursday for sentencing on a charge of failing to ensure the safety of an employee.

On September 5 last year, Robert Wilkins was attempting to fix a jammed wood drier. While checking the jam, his clothing got caught in a chain on the conveyor.

He called to workmates, but could not be heard. After managing to hit two switches to stop the conveyor, he was able to attract attention to his situation and was cut out of the conveyer. Mr Wilkins suffered severe burns from the heat of the chain which required skin grafts.

Ministry of Business, Innovation and Employment solicitor Andrew Gane said the culpability, of Juken, was in the medium range.

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Mr Gane suggested a fine of between $50,000 and $10,000.

Juken's solicitor, Brad Alcorn, said Mr Wilkins, an experienced employee of 11 years, had breached safety regulations when he entered the area to check the jam.

"There are strict rules around approaching and remedying jams," Mr Alcorn said.

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Mr Wilkins has since lost his job at Juken and Mr Alcorn said it was a result of his breach of conduct, rather than the accident itself.

Mr Alcorn said there had been no other accidents in that particular area.

Juken have since installed a lock and barrier gate system.

Judge Tom Broadmore said Mr Wilkins' arm injuries were serious and he could have faced a "far worse fate".

Judge Broadmore said Juken could have prevented unauthorised access to the area by locking the gate.

"Steps that have since been taken.

"Juken submits that it was not obvious that other protective measures were needed but I respectfully disagree," Judge Broadmore said.

Judge Broadmore made reference to Mr Wilkins' victim impact statement in which he discussed how he had been left with permanent nerve damage, was now unemployed at the age of 58 and felt it would be difficult to gain future employment.

"Mr Wilkins also expressed a concern that Juken appeared unsupportive and he had no contact from them to find out how he was going," he said.

In imposing a fine, Judge Broadmore took into account the scale of Mr Wilkins' injuries.

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"I also recognise the terror Mr Wilkins would have felt in regard to more serious injuries had he not failed to stop the machine."

He said the bulk of the burden rested with the employer.

Judge Broadmore said Juken had been operating in Wairarapa for about 20 or 30 years and had faced 12 convictions, which he saw as a mitigating factor due to the size of the company and its complex machinery. "It's a large employer and, in my general knowledge, a good employer," he said.

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