A planned tea break with a workmate may have been the difference between life and death for a Nelson teenager exposed to chemicals after an accident at Port Nelson.
At the Nelson District Court on Friday, marine engineering company Aimex was fined $340,000 after it was found guilty of exposing one of its workers to the risk of toxic chemicals.
In July 2019 a 19-year-old worker the victim in the matter suffered a severe brain injury after being exposed to vapour from a hydrocarbon brake fluid while cleaning a boat.
At the time of the accident the victim had just started an apprenticeship with Aimex, working on boats at its various sites at Port Nelson.
Before he started his 7am shift on July 29, he told one of his workmates about how much he was looking forward to eating a special bacon, avocado and tomato sandwich his girlfriend had made for him.
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The two planned to meet up a couple of hours later in the break room, but when the victim didnt show up his workmate went looking for him.
The victim had been sent to do some cleaning work in one of the engine rooms of a boat being refitted at the Aimex workshop.
He was equipped with some rags, a one-litre pump spray bottle, a 20-litre container of hydrocarbon brake cleaner, and a fan for ventilation starting work on the job just after 9am.
When his friend found him just after 10.30am, the man was unresponsive on the floor of the engine room. He did not have a protective mask or his PPE-issued gloves on him at the time.
Marine engineering company Aimex has been operating out of Port Nelson since 2009.
He was then rushed to Nelson Hospital and admitted to the emergency department.
In his victim impact statement to the court, he said he was in no doubt his conversation that morning was what had saved his life.
If not for that sandwich and talking to [my friend] about catching up with him, I wouldn’t be here today.
The worker was subsequently diagnosed with severe hypoxia (a form of brain injury) from the incident, leaving him with life-changing injuries and affecting his ability to work.
Aimex representatives appeared for sentence at the Nelson District Court on Friday, after pleading guilty to a charge of exposing an individual to serious risk of harm or illness on February 24.
Lawyer Brian Nathan said Aimex regarded the incident as a significant blight on what was a previously clean record.
Nathan said in response to the incident they had made leadership changes to the company, which was a demonstration of the seriousness with which the owners have taken this accident.
Aimex Service Group Managing Director and Founder Steve Sullivan, left, with then-general manager Simon Lavery, and Dr Nick Smith on the premises at Aimex in Nelson.
He also said Aimex did not argue that the victim was at all to blame for what occurred.
Judge Chris Tuohy said Aimex had failed to take several straightforward steps to prevent the incident from happening.
This included not providing sufficient training and equipment, adequate ventilation in the area where the employee was working, and no supervision at the time of the incident.
He said if any one of those steps had been taken, it was likely the incident would have been prevented.
The steps that could have been taken were reasonably obvious and could have avoided this incident from happening.
Despite the various formal [safety] documentation set up, there was no real appreciation on the ground of the potential for serious harm or even death by inhalation or absorption of this commonly used substance.
Judge Tuohy fined Aimex $275,000, along with $65,000 to be paid to the victim for a combination for emotional harm and loss of income.
Speaking after the sentencing, a representative for the family said there was no question the incident should have been avoided.
The invisible long-term injuries [the victim] has sustained due to negligence whilst employed by the directors Steve Sullivan, Mark Teese and Craig Boote at Aimex Engineering, have had and will continue to have severe consequences for him.
After almost two years, [the victim] and his family have received an apology … [but] this does not excuse the complete lack of empathy, care and support shown to [the victim] by the directors of Aimex.
Under the leadership of Martin Byrne, there is a hope that the culture at the helm of Aimex can and will change to provide a better, safer, environment for all Aimex [staff] and that nobody else suffers as [the victim] has.