Court Summary - at a glance

Date of offence:
15 September 2014
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$31,500

Safety lessons learned:
  • To have ensured that all mobile mechanical plant were fitted with ROPs also had a safe functioning seatbelt;
  • To have had an effective system to monitor and maintain the mobile plant fleet to ensure it was safe for use;
  • To have ensured seatbelts were worn by operators.

Defendant name:
Cameron Civil Limited
 
Industry:
Building and construction
 
Date of offence:
15 September 2014
 
Facts in brief:
The Defendant is a civil construction company which owns and operates mobile plant including a 6 Tonne dump truck fitted with a roll-over protective structure (ROPS) and a seatbelt.

On the day of the incident, the victim was driving the dump truck. When he drove over a pile of soil on an angle, the dump truck lost stability and rolled over. The victim was struck by the dump truck as he jumped off. He suffered severe injuries to his leg.

Upon examination the seatbelt fitted to the dump truck was found to be damaged, with a clasp missing rendering it unusable. This damage was sustained prior to the accident.
 
Offence section:
Section 6 and section 50(1)(a) of the Health and Safety in Employment Act 1992
 
Date(s) charged:

Court:
Waitakere - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$31,500
 
Maximum fine available:
$250,000
 
Reparation:
$3,000
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