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Court Summary - at a glance

Date of offence:
3 March 2015
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$66,000

Safety lessons learned:
  • Ensure that the bin lifting mechanism on Recycled Glass Collection Trucks could only be operated throughout its entire cycle by using a two handed hold to run function (rather than under a semi-automatic function);
  • Ensure that workers were fully trained in accordance with company procedures and competent to drive Recycled Glass Collection Trucks on a collection run before assigning them to that role; and
  • As the owner of Recycled Glass Collection Trucks, take steps to eliminate the bin lifter stalling at the top of its lift.

Defendant name:
Enviro Waste Services Limited
 
Industry:
Energy, Waste services
 
Date of offence:
3 March 2015
 
Facts in brief:
The Defendant company operates throughout New Zealand handling refuse and recycling collections, landfill and transfer stations and liquid waste treatment collection and plants.

The victim was an employee of a contractor. On the day of the incident he was in his second week of driving a Recycled Glass Collection Truck. The victim was found trapped between the glass lifter and the centre pod on the truck; he had been trying to free a bin lifter when it was stalled at the top of its lift. He died the following evening after his life support was switched off as a result of receiving multiple crush injuries.

The stalling of the bins was a known problem to the Defendant. The Defendant also failed to follow its usual training programme for the victim.
 
Offence section:
Sections 18(1)(a) and 50(1)(a) of the Health and Safety in Employment Act 1992

 
Date(s) charged:
3 September 2015

Court:
Wellington - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$66,000
 
Maximum fine available:
$250,000
 
Reparation:
$85,000