James Walter Beau Thompson

Court Summary - at a glance

Date of offence:
13 February 2014
 
Plea:
Guilty
 
Decision:
Convicted under ss 18(1)(a), 56(1) and 50(1)(a)
 
Final decision date:
 
Fine imposed:
$80,000

Safety lessons learned:
  • Ensure pre-employment confirmation of a truck driver’s health and safety credentials and training;
  • Ensure a truck driver’s undergoes pre-employment Health and Safety induction and training;
  • Ensure that a truck and trailer is subject to a regular audited maintenance schedule; and
  • Ensuring that a truck and trailer meets a reasonable standard of maintenance.

Defendant name:
James Walter Beau Thompson
 
Industry:
Forestry
 
Date of offence:
13 February 2014
 
Facts in brief:
The Defendant ran the log transport operations for a transport company in the Gisborne region.

The victim was recruited as a truck driver after another driver had left unexpectedly. The victim’s role was to transport logs from Puketoro Station to Eastland Port. The Defendant did not provide the victim with training and health and safety induction before the victim started work.

The day of the incident was the victim’s first day in his role. The victim was found to have abandoned the cab and to become caught under the rear wheel of the truck.

The victim suffered multiple head, chest, abdominal, spinal and skeletal injuries as a result of the accident. These injuries were fatal.

Subsequent inspection of the truck and trailer found that both had multiple pre-existing crash faults. The general maintenance of the truck and trailer was below a reasonable standard.
 
Related prosecutions:
 
Offence section:
Charged in the alternative
• Sections 6, 56(1) and 50(1)(a) of the Health and Safety in Employment Act
• Sections 18(1)(a), 56(1) and 50(1)(a) of the Health and Safety in Employment Act 1992.
 
Date charged:

Court:
Gisborne - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted under ss 18(1)(a), 56(1) and 50(1)(a)
 
Fine imposed:
$80,000
 
Maximum fine available:
$250,000
 
Reparation:
$100,000