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Court Summary - at a glance

Date of offence:
22 December 2015
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$60,000

Safety lessons learned:
  1. Have a safe method of work to ensure that the brake system on a vehicle is de-energised and isolated from energy sources before repair works are commenced;
  2. Ensure employees are trained and monitored in respect of appropriate lock-out and isolation procedures for machinery and vehicles;
  3. Have a formal contractor management procedure including a health and safety induction and job safety analysis;
  4. Follow own procedures in relation to machinery repair and maintenance;
  5. Appropriately manage and schedule activities so that overlapping tasks do not put others at risk, and ensure appropriate communication between all parties involved in the activities.

Defendant name:
Tracks Concrete (2002) Limited
 
Industry:
Building and construction
 
Date of offence:
22 December 2015
 
Facts in brief:
An employee’s fingers amputated while replacing the brake pads on a vehicle.

A contractor had activated the brakes to test electronics, causing the employees fingers to be trapped and locking the brake callipers.

The Defendant failed to notify Worksafe.
 
Offence section:
Sections 6 and 50(1)(a) of the Health and Safety in Employment Act 1992
Sections 25(3) and 50(1)(b) of the Health and Safety in Employment Act 1992
 
Date(s) charged:
29 July 2016

Court:
Whakatane - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$60,000
 
Maximum fine available:
$250,000
 
Reparation:
$26,963