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Court Summary - at a glance
Date of offence:
10 June 2014
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
$5,600
Safety lessons learned:
- Ensure adequate supervision of employees;
- Ensure deficiencies identified in Safe Behavioural Observations are acted on and provide further training as required;
- Ensure adequate hazard identification training and systems were in place; and
- Ensure that where concerns have been identified, the employee does not continue to work until the safety concerns are addressed.
Defendant name:
CMH Contracting Limited
Industry:
Forestry
Date of offence:
10 June 2014
Facts in brief:
The Defendant company was contracted to fell trees at a forest site.
The victim was employed as a bushman. On the day of the incident, he was manually felling trees. One tree that he had felled became hung on another tree, he then attempted to fell a second tree to knock the first on down. When the second tree became hung on the first, he felled a third tree which also became hung up. The victim did not notify his supervisor of the hung up trees as per company policy.
When the victim applied a poor cutting technique to a fourth tree, the hinge wood was insufficient to bear the weight of the tree and gave way. The tree kicked back at hit the victim who had not retreated to a safe place.
The victim suffered fractures to his left tibia and fibula.
The victim was employed as a bushman. On the day of the incident, he was manually felling trees. One tree that he had felled became hung on another tree, he then attempted to fell a second tree to knock the first on down. When the second tree became hung on the first, he felled a third tree which also became hung up. The victim did not notify his supervisor of the hung up trees as per company policy.
When the victim applied a poor cutting technique to a fourth tree, the hinge wood was insufficient to bear the weight of the tree and gave way. The tree kicked back at hit the victim who had not retreated to a safe place.
The victim suffered fractures to his left tibia and fibula.
Related prosecutions:
Offence section:
Sections 6 and 50(1)(a) of the Health and Safety in Employment Act 1992
Date(s) charged:
Court:
Tauranga - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
$5,600
Maximum fine available:
$250,000
Reparation:
Not applicable
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