One of New Zealand’s biggest fertiliser companies has been charged and fined after a worker was killed due to what has been called basic safety failures.
Wesley Tomich, 37, worked at Ballance Agri-Nutrients Limited in Mt Maunganui when he was killed in July 2023 while cleaning around a conveyor belt. Subsequently, WorkSafe described the situation as a “death-trap” in “plain sight”.
Tomich tried to step over the conveyor but lost his footing, getting drawn into the machine. He died from his injuries at the scene.
A WorkSafe investigation found that the conveyor had “exposed moving rollers and nip points which should’ve been guarded” and the factory allowed workers to routinely clean neat the machine while it was in motion.
“What’s worse, workers could not easily reach the emergency switches as they were too far away.”
Ballance Agri-Nutrients Limited was sentenced in the Tauranga District Court and fined $420,000.
The company was charged under the 2015 Health and Safety at Work Act for failing to have a duty of care for the health and safety of workers while at work in the business.
“That failure exposed workers to a risk of death or serious injury arising from exposure to moving conveyor belts,” said WorkSafe.
WorkSafe’s head of inspectorate, Rob Pope said the safety measures in place failed to match the reality of workers trying to find the quickest and most effective way to do a task.
“Stepping over was quicker than going around the far end of the conveyor or 60m to the nearest walkway.”
Pope also found that emergency stops were no substitute for effective machine guarding and that, if e-stops were in use, they should have been close to where workers needed them.
He said observing how staff interact with the work environment was good practice for identifying potential hazards.
“Getting out on the floor and speaking to workers face to face about how they do things can give you a feel for exactly what’s going on in a workplace. These observations can help to plug dangerous gaps,” said Pope.
Manufacturing was one of New Zealand’s most dangerous sectors and workers caught or trapped in machinery was a specific source of high harm, according to WorkSafe.