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Court Summary - at a glance

Date of offence:
27-Aug-18
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$540,000

Safety lessons learned:

a) Develop, document, communicate and implement appropriate training for straddle carrier drivers in relation to:
- The risk of the straddle carrier tipping whilst turning;
- The operation and significance of the tip alarm; and
- The actions to be taken if the tip alarm were activated.
b) Ensure that there was in place an effective system for monitoring and addressing critical tip alarm activations by straddle drivers;
c) Ensure that there was in place an effective system for monitoring and enforcing safety policies in relation to the wearing of seatbelts whilst driving and the use of handheld electronic devices in operational areas, by straddle drivers; and
d) Ensure that the bonus scheme incorporated parameters that promoted safe driving practices in relation to the stability of the straddle carriers, to counter-act any incentive to achieve greater productivity at the expense of safety.

Defendant name:
Ports of Auckland Limited
 
Industry:
Ports
 
Date of offence:
27-Aug-18
 
Facts in brief:
The Defendant was conducting stevedoring work at Auckland’s Fergusson Wharf. The worker was operating a straddle carrier; a type of mobile crane. While executing a U-turn the straddle tipped over and fell, landing on the driver’s side. The resulting impact caused fatal injuries to the worker.
 
Offence section:
Sections 36(1)(a), 48(1) and (2)(c) of the Health and Safety at Work Act 2015
 
Date(s) charged:
22-Aug-18

Court:
Auckland - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$540,000
 
Maximum fine available:
$1.5 million
 
Reparation:
$136,000 total, split between the victims
$5,000 in costs