Gordon Developments Limited

Court Summary - at a glance

Date of offence:
26 May 2015
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
No fine imposed as company in liquidation

Safety lessons learned:
  1. Ensure that machinery is safe for operation; and
  2. Ensure that an operator was adequately supervised commensurate with their experience or lack of experience in operating the machinery.

Defendant name:
Gordon Developments Limited
 
Industry:
Building and construction
 
Date of offence:
26 May 2015
 
Facts in brief:
The Defendant company hired a Mustang Skid Steer Loader ("the Skid Steer") from Adams Machinery Limited on a permanent basis.

Adams Machinery had not ensured that the safety devices on the Skid Steer were operational before it was delivered to the construction site on 22 May 2015.

The Defendant contracted another company to provide labour for the construction work. The victim commenced work for Gordon Developments on 25 May 2015.

On 26 May 2015, the victim was assisting in backfilling a trench using the Skid Steer to collect crushed concrete. The victim initially operated the Skid Steer with the bucket down, however, this made it difficult to see where to drop the load and he therefore moved the bucket up. The ground was uneven and loose. The victim lost control of the Skid Steer and the machine became unstable. The bucket suddenly dropped trapping his leg between the frame and the lifting arm.

The victim suffered right tibial fractures, crush injuries and an open wound. Despite several operations, his right leg could not be reconstructed and it was amputated above the knee.
 
Related prosecutions:
 
Offence section:
Sections 18(1)(a) and 50(1)(a) of the Health and Safety in Employment Act 1992
 
Date charged:

Court:
Auckland - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
No fine imposed as company in liquidation
 
Maximum fine available:
$250,000
 
Reparation:
$66,515.20 (apportioned with 60% to be paid by Adams Machinery and 40% to be paid by Gordon Developments)