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WorkSafe New Zealand v Aimex Ltd [2021] NZDC 14313

Published 29 June 2022

Sentencing — exposing workers to hazardous substance — Health and Safety at Work Act 2015, ss 36 & 151 — Sentencing Act 2002 — Stumpmaster v WorkSafe New Zealand [2018] NZHC 2020. The defendant appeared for sentence on a charge of exposing its workers to a hazardous substance (organic solvents), thereby exposing them to a risk of serious illness or injury. One of the defendant's apprentice employees had suffered serious injuries after inhaling vapour from the solvents, that he had been using to clean an engine room. The defendant had failed to develop a safe system of work relating to hazardous substances, and had failed to properly supervise, train and instruct its workers on work with hazardous substances. Following the approach set out in the Stumpmaster decision, the Court began by ordering emotional harm reparations of $50,000 to the victim, as well as consequential losses of $15,000. The Court considered that the defendant had made a series of major omissions that had led to the accident, and that the omissions would have been easily avoided. The start point for fine was $500,000, which was then reduced for guilty plea, remorse, remedial steps, cooperation with the investigation and otherwise good character. The final fine was $250,000 plus costs of $1434.12. Judgment Date: 9 July 2021