Boyds Asparagus Industries Limited

Agriculture

14 April 2015

The Defendant company operates an asparagus growing, packing and marketing business. The Defendant owns a large packing shed onsite with cool stores and chillers. The Defendant also owns two LPG powered forklift trucks which are used for moving stock.

The Defendant leases their facilities to other companies to store products. The victim was an employee of an apple distribution company who had leased a chiller from the Defendant during the apple season. On the day of the incident, the victim had been working in a chiller using one of the forklifts.

The victim was later found on the chiller floor unconscious, he remained for several house and spent two days in hospital having suffered carbon monoxide poisoning.

Employees of the Defendant were also at risk of potential harm.

• Sections 15 and 50(1)(a) of the Health and Safety in Employment Act 1992
• Sections 6 and 50(1)(a) of the Health and Safety in Employment Act 1992

Hamilton - District Court

Guilty

Convicted

$26,000.00 (apportioned $21,000.00 for the s 15 offence and $5,000.00 for the s 6 offence)

$250,000

$17,000 ($10,000 previously paid voluntarily)