Safety gear refused, judge fines firm

Stewart Roper repeatedly refused to wear his safety gear but it was his employer who landed in court when he was injured in the workplace.

The Department of Labour charged Bell Block company RHT (NZ) Ltd, with failing to ensure Roper used suitable clothing and safety equipment under the Health and Safety Act.

On August 26, 2008, Roper suffered burns to his back and one of his hands after he lent against a new weld which set fire to his clothing, he had not been wearing the fire retardant overalls the company had given him.

The company pleaded guilty to the charge before Judge Robert Murfitt in the New Plymouth District Court yesterday.

Defence lawyer Susan Hughes, appearing for the company, said Roper had been employed as a welder for three months before the accident and was given two sets of full safety gear. Ms Hughes said from speaking to other staff members after the accident it was found the 18-year-old had refused to wear his overalls because they were hot and uncomfortable.

Roper had not approached the company for alternative safety gear.

Roper was given immediate first aid treatment and returned to work three weeks later.

Ms Hughes said despite the accident Roper continued to not wear the approved kit.

Roper quit in December after receiving numerous verbal warnings and two written warnings for not wearing his safety gear.

Ms Hughes said the company's offending was at the low end of the scale.

"The company had after all provided full safety kits, it was the employee's decision not to wear it. At some point, an employee needs to assume responsibility for his own actions in refusing to wear safety kit whilst working in an environment as dangerous as a welding workshop," she said.

Company director Dayne Collinson, who has been a welder his whole working life, had never before been aware of anyone leaning against a fresh weld.

Appearing for the department lawyer Philip McCarthy sought a fine of up to $80,000 for the company and compensation of $10,000 for Roper.

Judge Murfitt said Roper had largely contributed to his own misfortune. "A substantial reason for the accident occurring was that the employee disobeyed the instructions that he was given."

Roper had not suffered any permanent disability. Judge Murfitt fined the company $15,000 and ordered it to pay Roper $5000 for emotional harm, pain and suffering.

- © Fairfax NZ News