Fine for poisoning workers

The tenuous financial position of a Picton seafood processing company was taken into account by Judge Tony Zohrab yesterday when he fined the company $20,000 for poisoning six workers.

Judge Zohrab heard in the Blenheim District Court that six Nelson Ranger Fishing Company workers became ill on March 12 after a forklift was left running in a closed coolstore for 20 minutes.

The company admitted failing to take practical steps to protect its employees. As well as the fine, it was ordered to pay each worker $250 reparation.

Department of Labour lawyer Greg La Hood said the affected workers were taken to Wairau Hospital suffering from nausea, headaches and dizziness. All fully recovered.

However, the harm caused could have been much worse, and it was well known in the industry that there was an obligation to protect workers, Mr La Hood said. The fact that an employee had contributed to the poisoning should not be considered significant, as that was fairly common, he said.

He suggested a starting point for the fine of $85,000, reduced to $55,000 because of the company's early guilty plea, co-operation and immediate moves to replace its forklifts with electric ones.

The fine could fall by a further $9000 if reparation was paid to the affected workers, Mr La Hood said.

Defence lawyer David Clark said the sum put forward by Mr La Hood was too high, and he urged Judge Zohrab to take into account the company's decision to buy new forklifts, its early guilty plea and its decades-old clean record.

He also spoke about the forklift operator responsible for leaving the machine running in the coolstore, who was qualified and experienced but had still made a mistake.

"It's common knowledge that putting a car in a garage and leaving it idling is a means of suicide. It beggars belief that the forklift was left idling for 20 minutes."

Mr Clark also expressed concern about the effect a heavy fine would have on the company's financial position, and asked for leniency.

"This (processing) industry is suffering what can only be described as carnage."

Judge Zohrab agreed, saying he did not think Mr Clark was overstating the situation.

The fine was eventually reduced to $20,000 because of the company's financial situation.

- The Marlborough Express

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