Court Summary - at a glance

Date of offence:
11 December 2015
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$12,000

Safety lessons learned:
  1. Verify communication of a Standard Operating Procedure (or similar) for loading and unloading steel beams to employees, and ensure that this is understood and followed by periodically inspecting and monitoring employees loading and unloading of the steel beams.
  2. Ensure employees are certified to industry standards to operate a forklift by:
  3. Ensuring current certification to operate a forklift; and
  4. Providing formal training in forklift operation.

Defendant name:
Double R Transport Limited
 
Industry:
Postal, transport and warehousing
 
Date of offence:
11 December 2015
 
Facts in brief:
The Defendant company provides trucking services to transport and deliver products.

The Defendant was engaged as a contractor. The victim was an employee of the principal.

On the day of the incident, an employee of the Defendant was operating a forklift to load 18 metre 2.25 tonne steel beams onto a truck when a steel beam fell onto the victim’s foot.

As a result, the victim sustained amputation of his left big toe and second toe.
 
Related prosecutions:
 
Offence section:
Sections 15 and 50(1)(a) of the Health and Safety in Employment Act 1992
 
Date(s) charged:

Court:
Auckland - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$12,000
 
Maximum fine available:
$250,000
 
Reparation:
$6,000
(40% of the apportioned $15,000 imposed between Double R Transport Limited and H J Asmuss & Co Limited)
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