We are operating at reduced capacity due to COVID-19 Alert Level Three restrictions. Please only call our 0800 number if someone is at serious risk of harm or has been seriously injured, become seriously ill, or died as a result of work.
For other notifications please complete our online forms at Notify WorkSafe.
Court Summary - at a glance
- Ensure a site specific risk assessment on the hazards associated with traffic movement is carried out, as opposed to using a generic risk assessment;
- Ensure site specific arrangements for managing the interactions between vehicles and people are documented and communicated to all truck drivers who visit the site, for example a site specific traffic management plan;
- Implemented physical controls on a site to minimise the likelihood that drivers would park in a loader operator area; and
- Ensure that loaders have an adequate warning system (e.g. a reversing camera) to alert the loader driver to objects it could collide with and to warn people in the area of the loader’s movements.
On the day of the incident, an employee of the Defendant was operating a Hitachi LX110-7 Wheel Loader (“the loader”), also known as a front end loader or shovel loader, at the Defendant’s East Tamaki site.
A concrete truck driver employed by Eveready was in the yard standing at the back of his concrete truck which was parked in the loader operating area. The loader operator was reversing and struck the concrete truck driver pinning him between the loader and the concrete truck.
The victim suffered a fractured pelvis and internal trauma to the pelvic region.
The loader did have a working squawker alarm and sensor however noise monitoring showed that due to the heavy traffic noise this was effectively drowned out.