A Central Otago orchard must pay more than $260,000 in penalties after a packing shed incident led to a teenage seasonal worker having three fingers amputated.
In February 2021, Matthew Nevill, then aged 19, was working in the packhouse at Clyde Orchards, near Alexandra, when he noticed a chain on the conveyor had become detached from its sprocket.
After making a split-second decision to reattach it, both his hands became entangled in the machine.
Mr Nevill lost three fingers of his right hand and suffered permanent damage to a finger on his left hand.
The accident occurred near the end of his fifth consecutive summer working at the orchard.
After an investigation, WorkSafe prosecuted the company for failing to comply with its duties under the Health and Safety at Work Act.
The stonefruit and cherry orchard near Alexandra is owned by brothers Kevin and Raymond Paulin.
During a 2017 assessment, a WorkSafe inspector noticed a different conveyor in the packing shed was inadequately guarded, and issued an improvement notice requiring it be rectified, but did not look at the other conveyors.
The company installed a guard over the dangerous section of the conveyor in early 2018, but did not install guards on other conveyors because doing so would have prevented worker access at loading points.
After the accident, WorkSafe prohibited the conveyor being used again, and the company had a new conveyor system installed for the 2021-2022 season.
In its summary of facts, WorkSafe said the conveyor did not meet safety standards for guards, its maintenance and inspection records were inadequate, a full risk assessment and "risk-reduction exercise" had not been carried out and it did not have an appropriate "lock-out, tag-out" procedure.
Reading his victim impact statement at a hearing in the Alexandra District Court in July, Mr Nevill said the accident was a "life-changing moment" that led to two operations on his fingers during an eight-day stay at Dunedin Hospital.
He had suffered "immense" pain for months afterwards, and sought help from a psychologist in the weeks afterwards as he struggled with his self-confidence, lack of sleep, flashbacks and "struggling to accept my new reality".
Mr Nevill said he was "devastated" to learn the chain had become detached more than once before, but was not rectified.
"I accept I made a mistake when I put my hands in the chain, but there were so many opportunities to fix it, and it was never fixed."
After unsuccessful attempts to continue his studies, he returned to Dunedin this year to complete his bachelor of commerce degree.
Clyde Orchards counsel Thomas Bielby acknowledged Mr Nevill’s bravery, saying his victim impact statement made for "harrowing listening".
The company’s owners and management accepted an effective risk assessment of the conveyor was not carried out, and there had not been an effective "lock-out, tag-out" procedure.
However, the company’s response to the accident had been "exemplary".
It immediately organised an independent audit of its operations, and went the "extra mile" by appointing a fulltime health and safety position, a significant cost for a company of its size.
It had supported Mr Nevill financially, making a $5000 payment soon after the accident and a further $20,000 payment last year.
In her reserved decision, Judge Emma Smith fined the company $225,000, and ordered it pay Mr Nevill reparation of $37,645.
WorkSafe’s area investigation manager Steve Kelly said seasonal workers were just as entitled to health and safety protection as those who worked year-round in a business.
"The shortcomings in this case are simply not good enough, when we know seasonal workers are at greater risk of workplace harm," Mr Kelly said.
— Guy Williams, PIJF court reporter
