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Court Summary - at a glance

Date of offence:
20 December 2013
 
Plea:
Guilty
 
Decision:
• Section 6: Convicted
• Regulation 17(1)(a): Withdrawn
 
Final decision date:
 
Fine imposed:
$36,000

Safety lessons learned:
  • Ensure all operators of a crane are made aware of the manufacturer’s operating instructions and any related maintenance information with such documents being kept with the truck and the crane;
  • Ensure the training of all operators of a crane meets current industry standards;
  • Ensure a mandatory maintenance regime is adopted so that all cleaning and maintenance is carried out safety, the regime could include:
    • Ensuring the crane is turned off and unable to be started
    • Ensuring the remote control unit is not worn.

Defendant name:
A J Russell Bricklayers Limited
 
Industry:
Building and construction
 
Date of offence:
20 December 2013
 
Facts in brief:
The Defendant company owned and operated a Cormach truck loader crane which was mounted on a Volvo truck.
On the day of the incident, the victim was carrying out a routine maintenance of the crane. He was wearing a remote control unit which had been retro-fitted to the crane and was designed to be worn as a belt.
The remote control unit appeared to have been accidently activated by the victim. The crane boom moved towards the truck deck and trapped him, causing fatal injuries.
 
Offence section:
• Sections 6 and 50(1)(a) of the Health and Safety in Employment Act 1992
• Regulation 17(1)(a) of the Health and safety in Employment Regulations 1995 and 50(1)(c) of the Health and Safety in Employment Act 1992
 
Date charged:

Court:
Auckland - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
• Section 6: Convicted
• Regulation 17(1)(a): Withdrawn
 
Fine imposed:
$36,000
 
Maximum fine available:
$250,000
 
Reparation:
$80,000