Court Summary - at a glance

Date of offence:
19 June 2015
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$36,750

Safety lessons learned:
  1. Ensure a site specific risk assessment on the hazards associated with traffic movement is carried out, as opposed to using a generic risk assessment;
  2. Ensure site specific arrangements for managing the interactions between vehicles and people are documented and communicated to all truck drivers who visit the site, for example a site specific traffic management plan;
  3. Implemented physical controls on a site to minimise the likelihood that drivers would park in a loader operator area; and
  4. Ensure that loaders have an adequate warning system (e.g. a reversing camera) to alert the loader driver to objects it could collide with and to warn people in the area of the loader’s movements.

Defendant name:
Fletcher Concrete and Infrastructure Limited
 
Industry:
Building and construction
 
Date of offence:
19 June 2015
 
Facts in brief:
The Defendant company manufactures concrete products. The Defendant contracted Eveready Concrete Transport Limited (“Eveready”) to collect, transport and off-load concrete to various sites.

On the day of the incident, an employee of the Defendant was operating a Hitachi LX110-7 Wheel Loader (“the loader”), also known as a front end loader or shovel loader, at the Defendant’s East Tamaki site.

A concrete truck driver employed by Eveready was in the yard standing at the back of his concrete truck which was parked in the loader operating area. The loader operator was reversing and struck the concrete truck driver pinning him between the loader and the concrete truck.

The victim suffered a fractured pelvis and internal trauma to the pelvic region.
The loader did have a working squawker alarm and sensor however noise monitoring showed that due to the heavy traffic noise this was effectively drowned out.
 
Offence section:
Sections 18(1)(a) and 50(1)(a) of the Health and Safety in Employment Act 1992
 
Date(s) charged:

Court:
Papakura - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$36,750
 
Maximum fine available:
$250,000
 
Reparation:
$50,582
Share on Facebook Share on Twitter Share on LinkedIn
Subscribe