  
9. $10,000 Fine after Fatal ExplosionThis article has been reproduced with the permission of the Dominion Post, Wellington. Electrical company ALSTOM has been fined $10,000 and found to have been moderately culpable for a fatal workplace accident at Haywards Hill substation in March. The maximum fine is $50,000. Kurt Stott, 22, of Upper Hutt, died and 26 year old Andries Nieman suffered horrific burns when 11,000 volt electrical gear they were working on exploded. The company was also ordered to pay Mr Stott's family $20,000 in reparation and Mr Nieman's family $10,000. In the Lower Hutt District Court, Judge Chris Tuohy said the accident was not symptomatic of a broader culture of laxity toward safety at the company. The company had well developed safety practices and a very good safety record for such a big firm - 1,700 employees, Judge Tuohy said. The management had demonstrated "very real" remorse and regret. The company pleaded guilty to two charges of failing to take all practicable steps to ensure the safety of its employees. Judge Tuohy said the company's level of culpability was "moderate", however a request to be fined and discharged without conviction was "quite unrealistic". The accident happened after a supervisor's taping of red crosses on equipment to indicate it was not being worked on had apparently confused the men into thinking an unmarked switch was not live. The switch exploded when one of the men opened a panel at the back and reached in. The use of red tape had not been sanctioned by the company and had not come with proper training, Judge Tuohy said. The men should also not have gone into the switch that exploded because they had not signed an access permit as they were required to do, he said. It was not known why the panel was opened, he said. Judge Tuohy said the reparation payments, for emotional harm - the only available criteria under the Sentencing Act 2002 - were "substantial" and reflected "harrowing" victim impact statements. "Obviously severe emotional harm has been suffered by the relatives". "The grief is immense. Mr Nieman's injuries are horrific and his disfigurement could hardly be greater." Mr Stott's partner was awarded $10,000 and his parents $5,000 each. Relatives of the victims and senior ALSTOM managers, including managing director Geoff Hunt were in court. Mr Hunt said afterwards the tragedy had affected the company deeply. "This is the first fatality we have experienced in the electricity industry and it is one fatality too many."
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