Court Summary - at a glance
Date of offence:
26 May 2015
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
No fine imposed as company in liquidation
Safety lessons learned:
- Ensure that machinery is safe for operation; and
- Ensure that an operator was adequately supervised commensurate with their experience or lack of experience in operating the machinery.
Defendant name:
Gordon Developments Limited
Industry:
Building and construction
Date of offence:
26 May 2015
Facts in brief:
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 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.
Related prosecutions:
Offence section:
Sections 18(1)(a) and 50(1)(a) of the Health and Safety in Employment Act 1992
Date(s) charged:
23 November 2015
Court:
Auckland - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
No fine imposed as company in liquidation
Maximum fine available:
$250,000
Reparation:
$66,515.20 (apportioned with 60% to be paid by Adams Machinery and 40% to be paid by Gordon Developments)
Related Documents:
Last updated