Court Summary - at a glance

Date of offence:
14 May 2016
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$98,156.25

Safety lessons learned:
  1. Develop and implement standard operating procedures;
  2. Ensure all workers involved have been trained in safe operating procedures;
  3. Ensure that suitable PPE is provided to all workers; and
  4. Monitor compliance with the standard operating procedures and PPE requirements through effective supervision of workers.

Defendant name:
Trade Depot Limited
 
Industry:
Retail
 
Date of offence:
14 May 2016
 
Facts in brief:
The Defendant is an importer and distributor of bathroom ware, kitchens and home appliances, and operates from a site in Takanini.

On the day of the incident, the victim, employed by the Defendant, was unloading containers with another worker. The victim was unloading gib from a container when they were hit on the head with up to 12 sheets of gib, weighing approximately 19 kilograms each. The weight of the gib crushed the victim and jammed their head so that they could not move.

Other workers came to assist and freed the victim. The victim was bleeding from their forehead, back of the head, nose and left ear. They were taken to hospital where they remained for four days.

As a result the victim suffered a skull fracture and left orbital/facial fracture.
 
Offence section:
Sections 36(1)(a), 48(1) and 2(c) and 56 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:
$98,156.25
 
Maximum fine available:
$1,500,000
 
Reparation:
$24,000
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