Ministry of Primary Industries fined after contractors suffered chemical burns on Southland farm

The Ministry of Primary Industries (MPI) was fined $ 30,000 in Invercargill District Court today, the first time the government agency has been prosecuted in relation to the health and safety of its contractors.

The fine was due to contractors sustaining chemical burns while performing disinfection during a suspected Mycoplasma bovis outbreak on a Southland farm.

The charges relate to an incident that occurred on May 17, 2018, when contractors were taken to the hospital after sustaining minor or superficial burns to their arms, face, or hands as a result of contact with a chemical while cleaning Southern Center Dairies, in Limehills.

At the time, MPI suspected that the farm was infected with Mycoplasma bovis.

MPI previously pleaded guilty to two counts of exposing people to risk or harm or illness after a WorkSafe prosecution.

The co-offenders in the case AsureQuality Limited and OneStaff (Queenstown / Invercargill) Limited were sentenced last year.

At that time, AsureQuality was fined $ 66,000 plus court costs of $ 2392.93, while OneStaff had to pay $ 38,500 and the same amount of court costs.

Both were also ordered $ 1,666.66 each, and each of the five workers received $ 1,000.

At today’s hearing, Worksafe prosecutor Katie Hogan said MPI contracted with Assure Quality to provide cleaning and disinfection as part of the response to Mycoplasma bovis.

He said that MPI was the government agency with responsibility for the response and that it had failed to fulfill “the primary duty” to ensure the health and safety of its workers.

He had not coordinated, monitored, and identified the appropriate risks and controls, such as the use of personal protective equipment and training, on the farm.

MPI representatives were in Invercargill at the time and had daily reports, so the incident could have been avoided, he said.

Hogan stated that MPI’s culpability was less than AssureQuality but greater than One Staff, as the second company had no access to the farm where the cleanup process was taking place.

Defense attorney Chris White said MPI was disappointed to be in court as it took the health and safety of its workers “very seriously” and saw itself as a leader on the matter.

He said it was the first time MPI had been prosecuted for health and safety charges and had identified and implemented a number of changes after the incident.

White submitted that MPI was less at fault than the other parties, as it did not have a “practical” role, controlling day-to-day operations.

However, it acknowledged that MPI could have done more to ensure that AsureQuality Limited was following its security plan.

“If the security plan had been followed, we would not be here.”

Judge Russell Walker agreed that MPI’s guilt was less than that of the other co-offenders and acknowledged the “prior good character” of the Ministry.

It ordered MPI to pay $ 30,000 plus processing costs of $ 3,800 and pay $ 1,666.66 in repair for the five workers, one-third of the total repair payment of $ 5,000.