Court Summary - at a glance
Date of offence:
On or about 14 February 2018
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
$175,000
Safety lessons learned:
- Develop and implement an adequate traffic management plan.
- Ensure the forklift was adequately maintained and in a safe working condition.
- Ensure a load lifted and/or moved by a forklift was secure and attached to the forklift, for example by using a forklift clamp.
- Develop and document an adequate system of work for lifting and moving loads while operating forklifts.
- Ensure it trained forklift operators in the safe system of work.
- Ensure it monitored and enforced compliance with the safe system of work.
- Ensure it reviewed the on-going effectiveness of the safe system of work.
Defendant name:
Japanese Car Parts Limited
Industry:
Postal, transport and warehousing
Date of offence:
On or about 14 February 2018
Facts in brief:
Japanese Car Parts Limited has a warehouse where the process of dismantling vehicles is carried out. Forklifts bring vehicles in for dismantling and then removing the parts and vehicle from the dismantling area.
On the day of the incident the dismantling area was cluttered with forklifts and pedestrian workers. A forklift operator was transporting a vehicle when the vehicle slipped off the forklift and fell onto a pedestrian worker pinning him to the floor. He suffered a fractured jaw, rotator cuff tear, dislocation of his left shoulder, dislocation to his right collar bone and concussion.
On the day of the incident the dismantling area was cluttered with forklifts and pedestrian workers. A forklift operator was transporting a vehicle when the vehicle slipped off the forklift and fell onto a pedestrian worker pinning him to the floor. He suffered a fractured jaw, rotator cuff tear, dislocation of his left shoulder, dislocation to his right collar bone and concussion.
Offence section:
Sections 36(1)(a), 48(1) and (2)(c) of the Health and Safety at Work Act 2015
Date(s) charged:
Court:
Papakura - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
$175,000
Maximum fine available:
$1.5 million
Reparation:
$50,000 – for emotional harm
$10,006.36 – for consequential loss
$10,006.36 – for consequential loss
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