A leading fertiliser business fined $420,000 after safety failures resulted in a factory worker’s death says it is committed to learning from the tragedy.

Wesley Tomich, 37, died at the Ballance Agri-Nutrients factory on Hewletts Rd in Mount Maunganui on July 27, 2023.

The 37-year-old was cleaning when he tried to step over a running conveyor belt and lost his footing.

The emergency stop activation was delayed and he was dragged under heavy machinery and crushed.

Ballance pleaded guilty to failing in its duty to ensure the health and safety of workers and to ensure the conveyor belt system had effective guarding and emergency stop services.

A WorkSafe investigation found risk assessments had previously flagged safety hazards with the conveyor belt system.

One of Tomich’s sisters described the conveyor belt system to the court as a “ticking time bomb” due to the known issues.

Wesley Tomich fell while stepping over the middle conveyor belt. Photo / WorkSafe

Judge Paul Geoghegan’s sentencing decision, released this month, said Tomich’s death was the “direct result of cleaning the conveyor without effective guarding, without appropriate locations for the emergency stop switch, and without effective instructions to workers on how to perform their task safely”.

The $420,000 fine took into account reparations Ballance had already paid Tomich’s family, its early guilty plea, remorse, co-operation and the remedial steps it had taken.

Ballance responds to judgment

In a statement responding to the decision, Ballance Agri-Nutrients chief executive Kelvin Wickham said Tomich’s death was a “sudden and tragic accident”.

“All who knew Wesley have been immensely impacted by his death," Wickham said.

He said the company had “fully co-operated with WorkSafe NZ during its lengthy investigation”.

Ballance Agri-Nutrients' Hewletts Rd fertiliser manufacturing plant. Photo / John Borren

“Ballance is committed to recognising the failures and learning from this tragedy wherever we can.”

Wickham said Ballance had “put additional measures and new training programmes” in place to ensure that an incident of this nature “does not happen again”.

WorkSafe ramps up compliance activities

In a statement, WorkSafe area investigation manager Paul West said “basic machine safety failures” and “obvious risks being overlooked” led to Tomich’s death at one of New Zealand’s biggest fertiliser companies.

West said WorkSafe’s investigation found the conveyor that should have been guarded had exposed moving rollers and nip points.

“The factory’s procedures allowed workers to routinely clean near the conveyor system while it was in motion. What’s worse, workers could not easily reach the emergency stop switches as they were too far away.

“Although Ballance had some safety processes in place, they failed to match the reality of workers trying to find the quickest or most effective way to do a task.”

West said emergency stops were no substitute for effective machine guarding.

“If using e-stops, they should always be placed close to where workers may need them. Another option for businesses was to issue each worker a personal e-stop device to cover risky areas.”

A qualified expert could help organisations ensure machinery was properly guarded.

“Businesses must manage their risks and, where they don’t, WorkSafe will take action.”

He advised “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”.

West said manufacturing was one of New Zealand’s “most dangerous” sectors.

The sector, including reducing risks of workers caught or trapped in machinery, was a focus in WorkSafe’s new strategy.

“Our targeted frontline activities will be increasing as there are opportunities to significantly improve health and safety performance, reduce acute and chronic harm, and address inequities.”

Sandra Conchie is a senior journalist at the Bay of Plenty Times and Rotorua Daily Post who has been a journalist for 24 years. She mainly covers police, court and other justice stories, as well as general news. She has been a Canon Media Awards regional/community reporter of the year.