Court Summary - at a glance
Date of offence:
5 January 2019
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
$15,000 over 3 years
Safety lessons learned:
It was reasonably practicable for Metallic Sweeping (1998) Limited to:
- Ensure that the 20515 Hiab 055 B-2 CLX 9 loader crane, serial number BL055CL00472 was only operated with a current LT400 certificate of inspection.
- Ensure that the 1994 Nissan Condor truck, registration EKB572 and 2015 Hiab 055 B-2 CLX 9 loader crane, serial number BL055CL00472 including the loader crane hook, were maintained in a safe condition.
Defendant name:
Metallic Sweeping (1998) Limited
Industry:
Waste services
Date of offence:
5 January 2019
Facts in brief:
The victim was an employee of the defendant. On 5 January 2019 the defendant was assisting with servicing of recycling drop off sites. This involved lifting moving 250kg metal recycling cages with a Hiab loader crane, which at the time was operated by another employee. At this particular site, a 2.5 metre fence surrounded the area where the recycling bins were placed, and the victim was stood on the other side of the fenced area from his colleague and the crane.
The colleague removed a full cage with the crane and placed it onto the truck. They then lifted an empty cage to go up and over the 2.5 metre fence, to replace the cage that had been removed. During this lift, the hook on the Hiab detached from the crane and the empty cage fell from a height of 2.5 metres, with the lateral momentum of the lift sending the cage towards where the victim was standing. The cage struck the victim in the head and shoulders, knocking him off his feet and coming to a rest on top of his lower body, pinning his legs folded underneath him. His colleague managed to lift the cage enough to pull the victim out and then took him to hospital.
The victim suffered multiple compression and stress fractures to his vertebrae, ligament damage in both knees and deep bruising to the legs, head and body. He also fractured his ribs and left ankle, which required surgery. The victim remained bedridden for some time and required ongoing medical attention after the incident. The victim subsequently died some 18 months after the incident, but there was no evidence which connected his death to the incident.
The colleague removed a full cage with the crane and placed it onto the truck. They then lifted an empty cage to go up and over the 2.5 metre fence, to replace the cage that had been removed. During this lift, the hook on the Hiab detached from the crane and the empty cage fell from a height of 2.5 metres, with the lateral momentum of the lift sending the cage towards where the victim was standing. The cage struck the victim in the head and shoulders, knocking him off his feet and coming to a rest on top of his lower body, pinning his legs folded underneath him. His colleague managed to lift the cage enough to pull the victim out and then took him to hospital.
The victim suffered multiple compression and stress fractures to his vertebrae, ligament damage in both knees and deep bruising to the legs, head and body. He also fractured his ribs and left ankle, which required surgery. The victim remained bedridden for some time and required ongoing medical attention after the incident. The victim subsequently died some 18 months after the incident, but there was no evidence which connected his death to the incident.
Offence section:
Sections 36(1)(a), 48(1) and 2(c) of the Health and Safety at Work Act 2015.
Date(s) charged:
20 December 2019
Court:
Tokoroa - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
$15,000 over 3 years
Maximum fine available:
$1.5 million
Reparation:
Costs - $2,398.39
Related Documents:
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