Court Summary - at a glance

Date of offence:
22 April 2016
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$157,500

Safety lessons learned:
  1. Ensure the conveyor was fitted with appropriate guarding/barriers; and
  2. Ensure appropriately located emergency stops are installed on the conveyor

Defendant name:
Atlas Concrete Limited
 
Industry:
Manufacturing
 
Date of offence:
22 April 2016
 
Facts in brief:
The Defendant company manufactures, supplies and recycles various concrete products.

On the day of the incident, the victim, an employee of the Defendant, was tasked with loading concrete debris onto a conveyor. The conveyor was driven by a single powered pulley at the head drum and delivers material into a crusher. The victim attempted to free a piece of concrete that had become stuck in the conveyor belt. The victim stopped the belt through the use of a remote control which was designed for use from the front-end loader as opposed to using the cut-off switch which was the instructed practice.

While attempting to push the obstruction clear the victim started the conveyor again so as to advance it slightly. As they did so their left glove became caught and the victim was dragged around the outside of the drum. The victim repeatedly attempted to stop the conveyor using the remote control but the conveyor would not deactivate. The victim eventually managed to pull their arm free.

The victim suffered a broken left arm as well as extensive soft tissue damage to their tendons and muscles.
 
Offence section:
Sections 36(1)(a), 48(1) and (2)(c) of the Health and Safety at Work Act 2015
 
Date(s) charged:

Court:
North Shore - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$157,500
 
Maximum fine available:
$1,500,000
 
Reparation:
$55,220.87
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