Court Summary - at a glance
Date of offence:
13 April 2014
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
$20,000
Safety lessons learned:
- Ensure that an effective method of identifying hazards and determining controls is used.
- Ensuring that a specific hazard management plan for the track work is developed implemented and monitored.
- Ensuring that digger operators were appropriately qualified and competent for the work being carried out.
Defendant name:
Mangorei Sawmill Limited
Industry:
Forestry
Date of offence:
13 April 2014
Facts in brief:
The Defendant company operates as a contractor in the forestry sector, including logging and track work. The victim was employed by the Defendant as a forestry / logging manager. The victim did not have relevant qualifications and the Defendant did not assess his competency.
The Defendant owned a Hitachi digger which was equipped with a roll over protection frame. The digger was being used by the victim to create a track to provide access to a flat area, as a worksite. The work was carried out on a steep gradient and wet papa rock face surface. The victim was working alone in an isolated area with limited means of communication when the digger he was operating slid on papa-rock and rolled down an embankment on its side. The victim suffered muscle damage to his left leg.
The Defendant owned a Hitachi digger which was equipped with a roll over protection frame. The digger was being used by the victim to create a track to provide access to a flat area, as a worksite. The work was carried out on a steep gradient and wet papa rock face surface. The victim was working alone in an isolated area with limited means of communication when the digger he was operating slid on papa-rock and rolled down an embankment on its side. The victim suffered muscle damage to his left leg.
Offence section:
S6 Health and Safety in Employment Act 1992
Date(s) charged:
9 October 2014
Court:
New Plymouth - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
$20,000
Maximum fine available:
$250,000
Reparation:
$10,000
Related Documents:
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