Court Summary - at a glance

Date of offence:
12 August 2013
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$52,000

Safety lessons learned:
  1. Identify a safe area for the site and ensure all employees have a safe area to remain away from any operating mobile plant
  2. Install rear vision mirrors on the excavator to ensure the operator can see where the machine is slewing and reversing
  3. Install a travel alarm to ensure any person in the proximity of the excavator is aware of its movements.

Defendant name:
Frederick McCullough (in partnership as the FJ & MM McCullough Partnership)
 
Industry:
Forestry
 
Date of offence:
12 August 2013
 
Facts in brief:
The defendant Frederick McCullough operates in partnership as the FJ & MM McCullough Partnership. The Partnership leases a property at 100 Young Road, Orepuki. Farming work is carried out at the site

On 12 August 2013, Mr McCullough was carrying out work at the site with an employee. The employee was operating an excavator in order to clear bush from the site. During this process Mr McCullough had knocked a tree over. As Mr McCullough was dragging the log backwards that was chained to the excavator, he noticed that the hook that was around the log had become caught in the hammerlock and was sliding down the chain. Mr McCullough pointed this out to the employee, to see if he could unhook the hook but it was jammed, so the employee got a hammer to give it a smack free.

The excavator boom was rotated and the log dragged further. Mr McCullough noticed the employee was lying on the ground between two tree stumps. As a result of the accident, the employee died from his injuries.
 
Offence section:
S6 Health and Safety in Employment Act 1992
 
Date(s) charged:

Court:
Invercargill - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$52,000
 
Maximum fine available:
$250,000
 
Reparation:
$100,000
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