Court Summary - at a glance
Date of offence:
25 May 2021
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
The starting point for the fine was set at $605,000, including a 10% uplift for previous safety history. Following discounts, the final fine was set at $380,000. Fine reduced to $240,000 due to financial capacity.
Safety lessons learned:
The defendant’s failings as particularised in the charge are as follows. A failure to:
- Develop, implement and maintain an effective safe system of work, including an effective safe operating procedure, for the use of truck mounted cranes including the safe rigging and slinging of loads
- Minimise the risk of falling loads by ensuring the load was effectively secured, and safe methods were used for rigging and use of the tagline, in accordance with relevant industry standards and Approved Codes of Practice
- Ensure that workers received effective information, instruction, training and supervision for rigging and slinging activities and operation of the truck loader crane
- Ensure that all equipment used for lifting loads, including the truck loader crane and the slings, had a current certificate of inspection before being used.
Defendant name:
KNCC Limited
Industry:
Building and construction
Date of offence:
25 May 2021
Facts in brief:
The victim was operating a truck loader crane to move stacks of constructions sheets (120 per stack) from one area that was high up to another area.
A stack was not properly secured and as it was being lifted, the stack bumped into something else causing to sway and the sheets fell and struck the victim in the left-hand side of his face and forced his head into the truck. He suffered concussion, and facial lacerations and nerve damage requiring immediate and ongoing surgery.
A stack was not properly secured and as it was being lifted, the stack bumped into something else causing to sway and the sheets fell and struck the victim in the left-hand side of his face and forced his head into the truck. He suffered concussion, and facial lacerations and nerve damage requiring immediate and ongoing surgery.
Offence section:
Sections 36(1)(a) and 48(1) and (2)(C) of the Health and Safety at Work Act 2015
Date(s) charged:
16 May 2022
Court:
Auckland - High Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
The starting point for the fine was set at $605,000, including a 10% uplift for previous safety history. Following discounts, the final fine was set at $380,000. Fine reduced to $240,000 due to financial capacity.
Maximum fine available:
$1.5 million
Reparation:
Emotional harm - $20,000
Consequential loss - $11,882
Costs - $1,390.78
Consequential loss - $11,882
Costs - $1,390.78
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