Court Summary - at a glance

Date of offence:
29 January 2015
 
Plea:
Guilty
 
Decision:
• Convicted
• Withdrawn (the above charge was amended to a representative charge)
 
Final decision date:
 
Fine imposed:
$33,000

Safety lessons learned:

Children

  • Ensure that the policy prohibiting children under the age of 15 from company vehicles was effectively communicated to employees;
  • Ensure that employees were reminded of the policy prohibiting children in company vehicles on a regular basis;

Chocks

  • Develop and communicate a safe work procedure for operating vehicle mounted truck loader cranes including specifying that the vehicle wheels should be chocked on sites where there was a slope. The procedure should also have specified that vehicle mounted truck loader cranes were not to be used where the gradient exceeded 5 degrees;
  • Once developed and communicated, monitor and enforce compliance with the procedure;
  • Ensure that chocks were provided to its employees to use when operating a vehicle mounted truck loader crane.

Defendant name:
Reoco Limited
 
Industry:
Building and construction
 
Date of offence:
29 January 2015
 
Facts in brief:
The Defendant company was subcontracted to supply and deliver steel works for a commercial construction. Ebert Construction Limited was the head contractor.

On the day of the incident, a driver employed by the Defendant parked a truck in a designated loading bay adjacent to the construction site. The loading bay was on a slope. The driver left a child in the cab of the truck while unloading the steel. The truck rolled 22 metres downhill and hit the victim.

The victim sustained a broken pelvis, crushed bicep, three broken front teeth and one knocked out, numerous head and facial lacerations, an internal abdomen laceration and nerve damage both to his leg and abdomen.
 
Related prosecutions:
 
Offence section:
• Sections 15 and 50(1)(a) of the Health and Safety in Employment Act 1992
• Sections 15 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
• Withdrawn (the above charge was amended to a representative charge)
 
Fine imposed:
$33,000
 
Maximum fine available:
$250,000
 
Reparation:
$30,000 (a total order of $60,000 was apportioned equally between the two Defendants)
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