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Court Summary - at a glance
- Ensure all incidents which constitute serious harm are reported to WorkSafe NZ as soon as possible after the occurrence of serious harm.
- Ensure that employees are not on track – including the pit area – when karts are racing
- Have in place a policy that is enforced achieve the above and provide the necessary training to employees.
On 1 March 2014, a worker was directed by her supervisor to refuel a kart as part of the closing up procedures. Whilst refuelling the kart in the pit lane, Ms Taylor was struck from behind by a kart being driven by a customer. She was decanting fuel from a 20 litre container at the time she was struck. She dropped the container and spilt fuel due to her injuries. There was no kit on the site. Rags were used to mop up the fuel and then thrown into the rubbish bin. As a result of being struck by the kart, the worker received a left heel fracture and a right ankle fracture.
The Defendant did not notify WorkSafe NZ of the incident at all. CCTV footage that captured the incident was not preserved and the scene was not held. WorkSafe NZ only became of the incident as a result of a call made to its Registrar of Amusement Devices on 9 July 2014.