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Court Summary - at a glance
• Convicted and discharged on the regulation charge
The following practicable steps were available to the Defendant and should have been taken:
- Ensure that no employee was working unsupervised or alone on the quarrying plant;
- Ensure that regular audits of plant machinery were undertaken and hazards identified;
- Ensure that dangerous parts of the machinery were fitted with fixed guards, compliant with the NZ/AUS Standard 4024, constructed and arranged so that operators could not reach into the machinery during normal use, maintenance or cleaning;
- Ensure that maintenance on machinery was not undertaken while machinery was running;
- Ensure that effective controls were in place for an operator to stop the top motor in an emergency;
- Ensure that the appropriate qualification was obtained by a person before appointing that person as a manager; and
- Ensure that the appointment of the quarry manager was notified to WorkSafe as required by regulations.
The victim was employed by the Defendant as a manager. The victim did not have the required qualifications to operate the quarry machinery. He had received some practical training in quarry work from the previous owner, but had not received any qualifications in quarry work.
On the day of incident, the evidence suggests that the victim was caught and trapped underneath rotating machinery. He was deceased when found.
Investigation revealed that there was inadequate guarding; a lack of emergency stops and the victim was working alone.
• Regulation 16 and 21 of the Health and Safety in Employment (Mining Operations and Quarrying Operations) Regulations 2013; Section 50(1)(c) of Health and Safety in Employment Act 1992