Court Summary - at a glance

Date of offence:
11 December 2015
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$21,000

Safety lessons learned:

Ensure that a finalised Standard Operating Procedure for loading and unloading forklifts, including specific instruction for exclusion zones, is released and communicated to employees and contractors and ensure compliance with it is adequately monitored and enforced on a systematic basis.

Defendant name:
H J Asmuss & Co Limited
 
Industry:
Postal, transport and warehousing
 
Date of offence:
11 December 2015
 
Facts in brief:
The Defendant company is a steel pipe fittings distributor.

The victim was employed by the Defendant as a warehouse manager. He was injured when an 18 meter 2.25 tonne steel beam fell onto his foot whilst an employee of a contractor was loading a steel beam onto a truck using a forklift.

As a result, the victim sustained amputation of his left big toe and second toe.
 
Related prosecutions:
 
Offence section:
Sections 6 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:
$21,000
 
Maximum fine available:
$250,000
 
Reparation:
$11,000.
(60% of the apportioned $15,000 imposed between H J Asmuss & Co Limited and Double R Transport Limited)