Court Summary - at a glance

Date of offence:
22/05/2015
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$36,000

Safety lessons learned:
  1. Carry out a detailed and effective risk management process in respect of “paddle track” area of coolstore;
  2. Implement detailed and effective procedures to separate forklifts and pedestrians/other workers;
  3. Implement a larger pedestrian exclusion zone where 2 bins are carried at a time;
  4. Implement a physical barrier to prevent bins from falling from stockpiles;
  5. Delineate a zone on the ground in the paddle track area to limit operation of only one forklift at its driver at a time;
  6. Ensure that forklifts can safely stack bulk bins five bins high; to ensure bulk bins lifted by forklifts are supported by the backrest or the forklift mast

Defendant name:
Talley’s Group Limited
 
Industry:
Manufacturing
 
Date of offence:
22/05/2015
 
Facts in brief:
While at work for Talley’s at the vegetable processing plant in Ashburton, the victim was working as pack-out support, removing and replacing bulk bins filled with product, when a stack of unsupported bins toppled backwards over the forklift being used to lift them. One of these bins struck the victim, knocking her to the ground. The victim suffered a complete spinal cord injury at T6-T7 resulting in paraplegia.
 
Offence section:
Sections 6 and 50(1)(a) of the Health and Safety in Employment Act 1992
 
Date(s) charged:
22/11/2015

Court:
Ashburton - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$36,000
 
Maximum fine available:
$1.5 million
 
Reparation:
$50,000 in emotional harm
$131,204.58 in consequential loss
$56 for prosecutor, $130 for court costs

 
Related Documents:
PDF
Sentencing notes - WorkSafe New Zealand v Talleys Group Ashburton Limited (PDF 241 KB)
Share on Facebook Share on Twitter Share on LinkedIn
Subscribe