Court Summary - at a glance

Date of offence:
30 November 2015
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$0 (The fine would have been $73,800)

Safety lessons learned:
  • Identify hazards associated with the use of an emulsion pig;
  • Implement a safe system for transferring emulsion from the pig to the truck either by pump (prior to 2007), or by the use of a properly designed and constructed pressure vessel; and
  • Ensure emulsion is thoroughly mixed before use.

Defendant name:
Corboy Earthmovers Limited (in Liquidation)
 
Industry:
Building and construction
 
Date of offence:
30 November 2015
 
Facts in brief:
The Defendant company provided a range of earthmoving services.

The Defendant stored and transported CAT 60 bitumen emulsion in a tank known as an ‘emulsion pig’.

An employee of the Defendant was transferring the emulsion from the emulsion pig to a truck tank when the emulsion pig exploded causing fatal injuries.
 
Offence section:
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:
$0 (The fine would have been $73,800)
 
Maximum fine available:
$250,000
 
Reparation:
$140,319.80