Freight Haulage Limited

Postal, transport and warehousing

10 June 2015

The Defendant company operates a transportation business which handles containers of freight from a yard and rail siding premises.

The victim was employed by the Defendant as a truck driver. On the day of the incident, the victim was preparing to transport a container on his truck and trailer unit. To do so, he needed to remove the headboard from the front of the trailer. He requested assistance from a colleague who was operating a forklift nearby. The forklift operator slid a strop from the headboard onto the forklift’s left tine and lifted the headboard. The headboard was not evenly secured on the forks and it began to rotate. The victim moved between the tines of the forklift and attempted to stabilise the headboard. There was a mechanical fault and the tines suddenly dropped. The victim was hit in the face and knocked to the ground.

The victim suffered serious concussion, a jawbone fracture and seven broken facial bones requiring three titanium plates to be inserted.

Section 6 and section 50(1)(a) of the Health and Safety in Employment Act 1992

Invercargill - District Court

Guilty

Convicted

$33,750

$250,000

$0 (The Defendant had already paid $5,000 to the victim and further reparation was not sought)