Court Summary - at a glance
Date of offence:
On or about 27/02/2019
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
$225,000
Safety lessons learned:
It was reasonably practicable for the Defendant to:
- Develop, document, communicate and implement a Traffic Management Plan (the Traffic Management Plan);
- Demarcate and provide sufficient signage and cautionary markings for all restricted areas and pedestrian walkways at the site;
- Identify the driveway area in front of the workshop as a ‘no standing’ zone; and
- Provide convex mirrors in areas to assist vehicles moving around the site; including the building and workshop.
Defendant name:
Vehicle Inspection New Zealand Limited
Industry:
Postal, transport and warehousing
Date of offence:
On or about 27/02/2019
Facts in brief:
"A customer at VINZ worksite was waiting for his vehicle to be ready and was engaged on a phone call in the parking area when he, was hit by a bus driven by and employee of VINZ. He died on 29 March as a result of the injuries.
The Defendant’s Hazard Register and minutes of team meetings identified moving vehicles as a significant hazard, however, they failed to identify or implement steps to eliminate or isolate the risk. Instead, the Defendant relied on administrative controls, such as suggesting that customers are escorted to wait in reception, but even these controls were not consistently adhered to.
There was no signage telling the victim that he should not be waiting in the area and there was no demarcation setting out where he could or could not stand.
As such Mr Jacobsen was left waiting, and using his phone, for a period of at least 18 minutes. During this time vehicles continued to be driven in the area where he was standing. No one asked him to move or warned him not to take calls in the area. "
The Defendant’s Hazard Register and minutes of team meetings identified moving vehicles as a significant hazard, however, they failed to identify or implement steps to eliminate or isolate the risk. Instead, the Defendant relied on administrative controls, such as suggesting that customers are escorted to wait in reception, but even these controls were not consistently adhered to.
There was no signage telling the victim that he should not be waiting in the area and there was no demarcation setting out where he could or could not stand.
As such Mr Jacobsen was left waiting, and using his phone, for a period of at least 18 minutes. During this time vehicles continued to be driven in the area where he was standing. No one asked him to move or warned him not to take calls in the area. "
Offence section:
Sections 36(2), 48(1) and (2)(c) of the Health and Safety at Work Act 2015
Date(s) charged:
19/02/2020
Court:
Hamilton - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
$225,000
Maximum fine available:
$1.5 million
Reparation:
$130,000 in emotional harm
$148,885 in consequential loss
$1,922.61 in costs
$148,885 in consequential loss
$1,922.61 in costs
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