Court Summary - at a glance
Date of offence:
26 August 2015
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
$3,000
Safety lessons learned:
- Check the positioning of a strop attached to a log to ensure it is correct for the type of operation;
- As a supervisor, ensure that clear instructions are given and that they had been understood and followed; and
- Ensure that the known, published and accepted procedures with regards to setting and observing a safe retreat position are followed.
Defendant name:
Duane Peter Hurst
Industry:
Forestry
Date of offence:
26 August 2015
Facts in brief:
The Defendant was employed by a forestry company as a Head Breaker-Out.
On the day of the incident, the Defendant was working at a forestry operation in the Patetonga Forest. The Defendant was responsible for supervising another employee. The other employee was aged 17 years old and in his second day of work. Throughout the morning and early afternoon of that day, the Defendant and the other employee performed breaking-out procedures following company policy which included measuring a safe distance, marking a retreat point with a line of spray paint and ensuring they were both behind that line prior to giving the signal for the hauler operator to move a log.
When the pair moved to a steeper gully, the Defendant did not check that the strop was correctly attached to a log and also did not follow the safe retreat policy. The log then swung in their direction hitting the other employee and resulting in the Defendant falling to the ground when he threw the other employee out of the way.
The Defendant and the other employee both suffered injuries. The Defendant lost consciousness and fractured an eye socket. The other employee suffered a hair line fracture to the hip.
On the day of the incident, the Defendant was working at a forestry operation in the Patetonga Forest. The Defendant was responsible for supervising another employee. The other employee was aged 17 years old and in his second day of work. Throughout the morning and early afternoon of that day, the Defendant and the other employee performed breaking-out procedures following company policy which included measuring a safe distance, marking a retreat point with a line of spray paint and ensuring they were both behind that line prior to giving the signal for the hauler operator to move a log.
When the pair moved to a steeper gully, the Defendant did not check that the strop was correctly attached to a log and also did not follow the safe retreat policy. The log then swung in their direction hitting the other employee and resulting in the Defendant falling to the ground when he threw the other employee out of the way.
The Defendant and the other employee both suffered injuries. The Defendant lost consciousness and fractured an eye socket. The other employee suffered a hair line fracture to the hip.
Offence section:
Sections 19(b) and 50(1)(a) of the Health and Safety in Employment Act 1992
Date(s) charged:
Court:
Waihi - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
$3,000
Maximum fine available:
$250,000
Reparation:
$3,000
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