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Court Summary - at a glance

Date of offence:
14 September 2016
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$250,000

Safety lessons learned:
  1. Ensure the freight cage complied with relevant industry standards and guidance.
  2. Ensure only trained, competent and authorised workers use the freight cage and operate the forklift.
  3. Ensure the safe work method for using a freight cage is adequately communicated to workers using the freight cage.

Defendant name:
PBT Transport Limited
 
Industry:
Postal, transport and warehousing
 
Date of offence:
14 September 2016
 
Facts in brief:
The victim was directed to use a freight cage to remove loose items on the mezzanine floor of a truck being unloaded. The freight cage was not compliant with NZS/AS 2359.1.

The victim attempted to put the forklift forks into the freight cage’s pockets but was not successful so moved the forks inwards and put them on the inside of each pocket. The victim was not aware a chain needed to be attached to the mast of the forklift to prevent the cage sliding off the forks and there was no signage fitted to the cage explaining how to safely use it.

The victim got into the freight cage and asked his supervisor to lift him up. However, instead the Defendant allowed a truck driver, who did not have a forklift license and was not authorised to operate a forklift, to lift the victim.

The freight cage was lifted around 3m off the ground before it tipped and slid off the forklift forks onto the ground below.

This was the Defendant’s third incident involving freight cages falling from forklift forks while being used to lift workers.

The victim suffered a serious back injury.
 
Offence section:
Sections 48(1) and 2(c), and 36(2) of the Health and Safety at Work Act 2015
 
Date(s) charged:

Court:
Auckland - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$250,000
 
Maximum fine available:
$1.5 million
 
Reparation:
$20,000