Gordon Developments Limited

Building and construction

26 May 2015

The Defendant company hired a Mustang Skid Steer Loader ("the Skid Steer") from Adams Machinery Limited on a permanent basis.

Adams Machinery had not ensured that the safety devices on the Skid Steer were operational before it was delivered to the construction site on 22 May 2015.

The Defendant contracted another company to provide labour for the construction work. The victim commenced work for Gordon Developments on 25 May 2015.

On 26 May 2015, the victim was assisting in backfilling a trench using the Skid Steer to collect crushed concrete. The victim initially operated the Skid Steer with the bucket down, however, this made it difficult to see where to drop the load and he therefore moved the bucket up. The ground was uneven and loose. The victim lost control of the Skid Steer and the machine became unstable. The bucket suddenly dropped trapping his leg between the frame and the lifting arm.

The victim suffered right tibial fractures, crush injuries and an open wound. Despite several operations, his right leg could not be reconstructed and it was amputated above the knee.

Adams Machinery Plant Hire Limited

Sections 18(1)(a) and 50(1)(a) of the Health and Safety in Employment Act 1992

23 November 2015

Auckland - District Court

Guilty

Convicted

No fine imposed as company in liquidation

$250,000

$66,515.20 (apportioned with 60% to be paid by Adams Machinery and 40% to be paid by Gordon Developments)