Court Summary - at a glance
Date of offence:
14 March 2016
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
$25,600
Safety lessons learned:
- To have provided up to date and model specific manual/instructions for the converted Swing Loader, particularly covering the use of the remote control unit, at the time of supply following the conversion in 2011 and the repairs in 2014;
- To have provided accurate electrical drawings as part of the updated manual/instructions;
- To have supplied the Swing Loader with accurate signage indicating safe zones, weight loads and markings on the manual levers.
- To have ensured that any testing and certification of the Swing Loader was documented and provided to the purchaser of the Swing Loader.
Defendant name:
Hammar New Zealand Limited
Industry:
Postal, transport and warehousing
Date of offence:
14 March 2016
Facts in brief:
On 14 March 2016 the victim was killed when working at the Port of Tauranga. The victim was operating equipment designed and supplied by the Defendant. The victim was picking up a 40 foot shipping container using a side loading truck and trailer unit when the side loader tipped and crushed him between it and an adjacent shipping container.
Related prosecutions:
Offence section:
Sections 18A(2) 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:
$25,600
Maximum fine available:
$250,000
Reparation:
$0
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