Court Summary - at a glance
Date of offence:
Final decision date:
Safety lessons learned:
It was reasonably practicable for the Defendant to have:
- Conducted an effective hazard identification and risk assessment, and implemented appropriate controls;
- Complied with their own Health and Safety Plan which details that 3 tonne rollers and large plate compactors would be used for compaction work;
- Prior to operating machinery on a public road, ensured workers had the appropriate endorsements to operate that machinery;
- Ensured workers were appropriately trained and competent to operate machinery they were instructed to operate;
- Completed a risk assessment when the 2008 HAMM HD75 Roller was brought to site and ensured that information on its safe use was communicated to all staff working on site.
Wilson Contractors (2003) Limited
Building and construction
Date of offence:
Facts in brief:
The Defendant, a contracting company, was completing a project installing safety barriers along State Highway 6 between Frankton and Kingston in 2018. On 4 May 2018, the victim was operating a 2008 HAM HD75, a 7.5 tonne roller to compact an 1800mm road shoulder area. The shoulder contained an area of vegetation and a bank with a steep drop-off leading down towards Lake Wakatipu. The roller slid down the steep bank and rolled a number of times, coming to a brief stop approximately 20 metres down the bank where the victim managed to escape. The roller continued to roll a further 10 metres before coming to rest on a large bolder. The victim suffered a broken right arm, fractures to his elbow, extensive burning and crushing injuries and the amputation of the tips of three fingers.
Sections 48(1) and 2(c), and 36(1)(a) of the Health and Safety at Work Act 2015