Large fines for Fonterra after death

Fonterra has been fined $73,000 and ordered to pay $116,000 to the family of a man killed at its Whareroa site last year.

Theodorus (Theo) Rangihuna Blake, 52, of New Plymouth, was crushed in a hydraulic palletiser press at the Fonterra plant, south of Hawera, on January 17 and died from head and chest injuries.

The Hawera District Court heard there had been two earlier accidents that prompted Fonterra to carry out a safety report on the palletiser which assessed its risk as "potentially fatal" and included recommendations such as guarding.

While some improvements had been made, others were not done by the time the accident happened.

The Fonterra Co-operative Group admitted the charge of failing to take all practicable steps to ensure the safety of employees under the Health and Safety in Employment Act.

Judge Allan Roberts said that through a restorative justice process Fonterra had made a formal apology to the family and had demonstrated a willingness to meet an agreement.

"The remorse I accept as genuine and the efforts made by the defendant to right the wrong," he said.

Fonterra was liable for a fine of up to $250,000.

"Having read the victim impact statements from two family members any monetary amount would not make up for the life lost. The details have touched me. I recognise nothing I say to you will assist or alleviate the sense of loss you have sustained and which you will carry with you for a long time."

In the summary of facts it was noted there were no eyewitnesses to the accident. Mr Blake appeared to have been crushed between the pallet and apron in the top of the pallet lift station.

Outside the court, Fonterra's human resources group director Jennifer Kerr said the company took full responsibility for its part in the tragic death of one of its staff.

"Our whole company was shocked and saddened by Theo's death. His family, friends and workmates continue to be in our thoughts."

Ms Kerr said the company took the investigation's finding very seriously.

"Our guilty plea shows as a company we recognise, and are accountable for, our role in Mr Blake's death. We have a commitment to our people to provide a safe working environment and clearly we failed in this instance."

Along with the Department of Labour, Fonterra carried out its own investigation into the cause and the steps need to prevent a recurrence following the accident, she said.

"As a result of the findings of both investigations we have ensured all of our palletisers have protective guarding around the moving parts.

"Ongoing improvement in our health and safety systems and processes is one of our highest priorities."

Department of Labour spokesman Brett Murray said the tragedy highlighted the need for businesses to be vigilant in identifying hazards and putting in safeguards.

"Where workers' lives are at risk due to exposed and dangerous machinery, appropriate guards must be installed as a matter of priority," he said.

Judge Roberts ordered Fonterra to pay $100,000 reparation for emotional harm shared between Mr Blake's daughter Melissa and his brother Jerry and $16,000 to cover funeral, travelling and legal costs.

Judge Roberts was assured by Fonterra's lawyer that insurance of $100,000 would also be paid to Mr Blake's estate after the coroner's report was released.

- © Fairfax NZ News