Court Summary - at a glance

Date of offence:
14 April 2015
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$26,000.00 (apportioned $21,000.00 for the s 15 offence and $5,000.00 for the s 6 offence)

Safety lessons learned:
  1. Ensure only electric forklifts are provided and used when employees or other persons are carrying out any loading or unloading operations in confined areas such as chillers;
  2. Ensure employees and other persons on site are aware of the  hazards of using LPG/petrol/diesel powered forklifts in confined areas such as chillers; and
  3. Ensure signage is in place alerting employees and other persons not to operate LPG/petrol/diesel forklifts in confined areas such as chillers.

Defendant name:
Boyds Asparagus Industries Limited
 
Industry:
Agriculture
 
Date of offence:
14 April 2015
 
Facts in brief:
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.
 
Offence section:
• 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
 
Date(s) charged:

Court:
Hamilton - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$26,000.00 (apportioned $21,000.00 for the s 15 offence and $5,000.00 for the s 6 offence)
 
Maximum fine available:
$250,000
 
Reparation:
$17,000 ($10,000 previously paid voluntarily)
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