Court Summary - at a glance

Date of offence:
Between 30 March 2015 and 17 April 2015
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$54,000 (C Renner fined $9,600)

Safety lessons learned:
  1. Maintenance
    1. Ensure a scheduled, regular pro-active maintenance regime is in place for all plant, machinery and vehicles to manufacturers standards;
    2. Ensure a regular audit of prestart checks is completed;
    3. Ensure any faults or repairs to plant are documented in a log;
    4. Ensure that a vehicle is not driven without a door;
  2. Training
    1. Have a documented training programme for all employees in respect of plant and machinery;
    2. Communicate to all employees in a documented form a safe operating procedure including the hazards associated with operating all quarry equipment;
    3. Adequately train supervisors to ensure competency of employees operating plant and machinery;
    4. Train operators to do pre-start and daily checks as per the truck operation and maintenance manual.
  3. Seatbelts
    1. Ensured that there was a policy requiring drivers to wear seatbelts;
    2. Communicate and enforce the seatbelt policy.
  4. Supervision
    1. Ensure vehicles and plant are not operated by unauthorised persons by securing keys in key press or similar with limited access;
    2. Regularly monitor/enforce compliance with a drug and alcohol policy;
    3. Comply with Health and Safety in Employment (Mining Operations and Quarrying Operations) Regulations 2013 by having a fit and proper competent person designated as being in charge of the quarry at all times; and
    4. Have an effective emergency response plan, ensure that all employees were aware of it and regularly test the plan.

Defendant name:
Oropi Quarries Limited
 
Industry:
Mining, Quarrying
 
Date of offence:
Between 30 March 2015 and 17 April 2015
 
Facts in brief:
The Defendant operates an open cast quarry in the Tauranga area.

The victim was employed by the Defendant as a labourer/crusher operator.

On the day of incident, the victim was driving a dump truck when it overturned and the victim was killed.

The investigation revealed the victim only held a restricted licence and did not have any experience driving dump trucks.
 
Related prosecutions:
 
Offence section:
• Section 6 and 50(1)(a) of Health and Safety in Employment Act 1992
• Section 13(a)(ii) and 50(1)(a) of Health and Safety in Employment Act 1992
• Regulation 14 of the Health and Safety in Employment (Mining operations and Quarrying Operations) Regulations 2013 and section 50(1)(c) of Health and Safety in Employment Act 1992
• Regulations 24 of the Health and Safety in Employment (Mining operations and Quarrying Operations) Regulations 2013 and section 50(1)(c) of Health and Safety in Employment Act 1992
 
Date(s) charged:

Court:
Tauranga - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$54,000 (C Renner fined $9,600)
 
Maximum fine available:
$250,000 for each charge
 
Reparation:
$80,000 (C Renner ordered to pay $20,000)
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