Tokyo Food Company Limited

Court Summary - at a glance

Date of offence:
9 March 2015
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$52,000

Safety lessons learned:
  1. Ensure that all staff who operate the forklift trucks are trained; and
  2. Ensure the undertaking of hazard assessments, risk/task analysis of warehouse operations and put in place safety rules/hazard controls in relation to forklift operation and other tasks carried out in the warehouse environment.

Defendant name:
Tokyo Food Company Limited
 
Industry:
Retail
 
Date of offence:
9 March 2015
 
Facts in brief:
The Defendant company is a Japanese food stuffs and beverage wholesaler.

On the day of the incident, the victim was operating a forklift in the warehouse. He was found in the operator’s position on the forklift jammed up under a support beam at the front of a racking unit.

The victim died as result of asphyxia due to blunt trauma of torso with chest compression.

The victim had not received forklift training nor had he been certified as being competent to drive a forklift.
 
Offence section:
Sections 6 and 50(1)(a) of the Health and Safety in Employment Act 1992
 
Date charged:

Court:
Wellington - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$52,000
 
Maximum fine available:
$250,000
 
Reparation:
$76,994