# Farmers to pay $20,000 over chainsaw accident



## sawn_penn (Jun 5, 2006)

http://www.nzherald.co.nz/section/story.cfm?c_id=1&ObjectID=10383418


Thursday May 25, 2006
By Claire Trevett


A farming couple have been ordered to pay a total of $20,000 after failing to properly train or ensure the safety of a farmhand whose face was slashed by a chainsaw, narrowly missing his eye.

David and Marilyn Gray, dairy farmers from Kaukapakapa, north of Auckland, were fined $4000 and ordered to pay $16,000 in reparation to the 18-year-old farmhand, who was injured last September.

His forehead, eyebrow and eyelid were lacerated after a chainsaw he was using to build a retaining wall on the farm kicked back, hitting him in the face.

The fine and reparation were ordered after the Grays were convicted this week of two charges each under the Health and Safety in Employment Act of failing to ensure the safety of the farmhand and failing to adequately train him for the work required.

The Department of Labour said the farmhand was not given any protective clothing or equipment, and was not suitably trained for the job or properly supervised.

The farmhand had only used a chainsaw once before and the chainsaw had no chain brake system to stop it if it kicked back.

Department of Labour health and safety chief adviser Mike Cosman said the combination of "shonky equipment", and an inexperienced operator with no protective gear was a recipe for disaster.

"When something goes wrong with a chainsaw, the results aren't pretty. In this case, the victim was lucky not to have been killed or lose an eye."

He said young workers and those new to a job needed more training and supervision because they were not as aware of the risks as experienced workers.

"It's a huge risk to put a chainsaw in the hands of someone who has hardly ever used one before and expect them to use it skilfully and safely."

Mr Gray said he did not wish to make any comment on the case.

ACC said it spent more than $2 million a year on claims for injuries caused by chainsaws and the majority were for DIY users at home.

Grant Nicholson, senior associate and head of health and safety practice at Kensington Swan, said the farmers got off lightly, compared to other fines and reparations orders handed out.

"I would have thought $4000 was not a significant fine when dealing with a facial disfigurement," he said.

"It is a big disparity to have only $4000 in fines and $16,000 in reparations because reparations are not intended to be for physical harm. They may cover emotional distress or time off work, but ACC is there to cover the physical harm, not reparations."

Mr Nicholson said if the farmers were properly insured, their insurance would pay for the reparations, but not the fine because the legislation blocked insuring against fines.

Between 2002 and 2005, the amount of total reparations in health and safety prosecutions increased by more than 800 per cent.

However, the average fine (about $6200) had increased only slightly since Parliament increased fines under the act in 2003 from a $50,000 maximum to $250,000 for most offences.

The biggest order ever given under the act was in June 2005, when fishing company Sealord was fined $10,000 and ordered to pay $195,000 to the family of Dovedale man Hugh Hope, who died after spending more than 18 hours trapped in the blades of a fishmeal cooking machine on board the Aoraki in September 2004.


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## Ekka (Jun 5, 2006)

You know, it's only when things go wrong that you read this stuff, pity.

You could fix all this with the flick of a pen, I vote fine the govt for stupidity in allowing any ole idiot to buy, use and maintain a chainsaw ... I bet they have more insurance payouts for that than gun incidents!

And it's never ever the users fault.


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## BoesTreeService (Jun 5, 2006)

*Why on earth would you ever use...*

a saw without a freakin chain break device?????? I was looking around for a saw recently before buying an 066 - and saw alot of older saws w/o chainbrakes. I wouldnt even give them a second look - no matter what the price. This simply illustrates the reasons for that.


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## buzz sawyer (Jun 6, 2006)

A real shame to hear about things like this, but I think it's primarily a training issue. A chainbrake would no doubt have reduced the severity of the injury, but if a saw kicks back hard enough to make the bar hit your face, you will probably get cut and could easily lose an eye whether the chain is moving or not. He could have just as easily injured himself using a knife, axe, circular saw, etc., without understanding the hazards. 

My brothers and father have used chainsaws without brakes (before they were invented) all our lives and while there have been instances of kickback, we've had no injuries. I'm not dumping my Super EZ or 1050 because they don't have brakes, but I wouldn't let anyone use them without making sure they fully understood the hazards involved. I'm glad my 361 has a brake and I use it for better safety, but I also don't depend on it to prevent an injury.


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## DCB (Jun 6, 2006)

One of the things that always blows my mind is how do these DIY stores sell chainsaws to any clown. Even kids can go in and buy them. They have to take some responsibility. 
If you dont train your staff in the use of the chainsaw then youre asking for trouble. Our guys spend a week just filling and cleaning the saw before even starting them. Everything has to be recorded so if it comes down to it you've got it in black and white - why take the risk.


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## sawn_penn (Jun 6, 2006)

BoesTreeService said:


> a saw without a freakin chain break device?????? I was looking around for a saw recently before buying an 066 - and saw alot of older saws w/o chainbrakes. I wouldnt even give them a second look - no matter what the price. This simply illustrates the reasons for that.



If you don't stand where the saw can kick, it's not a problem.

However, learning where the saw can kick takes time and experience.

It also limits where you can use the saw, and the extra care you end up taking makes you slower. Possibly safer as a result, but slower.


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## buzz sawyer (Jun 6, 2006)

DCB said:


> One of the things that always blows my mind is how do these DIY stores sell chainsaws to any clown. Even kids can go in and buy them. They have to take some responsibility.
> If you dont train your staff in the use of the chainsaw then youre asking for trouble. Our guys spend a week just filling and cleaning the saw before even starting them. Everything has to be recorded so if it comes down to it you've got it in black and white - why take the risk.




Good point and I'm glad to hear of the extensive training. 

Might be a good idea to have an age limit on a power tool like this, but I wonder if the DIT stores would be opening a major can of worms by requiring some sort of training. When an accident happens, they and the saw manufacturer could be sued for inadequate training. 

How about any dealers out there - do any of you require proof of experience or set a minimum age limit when selling saws?


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## sawn_penn (Jun 6, 2006)

I don't see a chainsaw as being more dangerous than other power tools. Eg circular saw, planer, ...


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## woodshop (Jun 6, 2006)

sawn_penn said:


> I don't see a chainsaw as being more dangerous than other power tools. Eg circular saw, planer, ...


I have to agree that most of the larger stationary power tools in my woodshop would fall under the "you should be trained before using this tool" category, but yet anybody can take home the most powerful wood munching machine made no questions asked. Just like a chainsaw is, they are designed to power through even rock hard wood without bogging down. My radial arm saw would cut off my arm as effortlessly as if it were going through Styrofoam. My planer would make hamburger out of my fingers, bones and all, in a spit second without even slowing down if I didn't use push sticks and somehow got my hand in the blades. Like a chainsaw, few second chances, any hit could be a potential serious one. I feel sorry for this kid, but I keep thinking if he only wore something as basic and cheap as a hardhat (just common sense in my book), we might not be talking about him now. He would have been scared sh$$tless, banged up hardhat and a story to tell his girlfriend, lesson learned maybe, but no mangled face.


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## buzz sawyer (Jun 6, 2006)

Woodshop, you're right on the money. The fact that these tools do go through wood so effortlessly, it's easy to see how their power can be underestimated and basic safety overlooked by the unknowing.


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