Court Summary - at a glance

Date of offence:
1 March 2014
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$35,000

Safety lessons learned:
  1. Ensure all incidents which constitute serious harm are reported to WorkSafe NZ as soon as possible after the occurrence of serious harm.
  2. Ensure that employees are not on track – including the pit area – when karts are racing
  3. Have in place a policy that is enforced achieve the above and provide the necessary training to employees.

Defendant name:
Blastacars Hamilton Limited
 
Industry:
Arts and recreation
 
Date of offence:
1 March 2014
 
Facts in brief:
Defendant operated a drift cart facility in Hamilton (‘the site’). The site has a track which is approximately 300m in length and its surface is deliberately designed to reduce grip for quick switching and sideways drifting. The track also has a pit lane, there was no physical barrier between the race track and the pit area. The Karts at the track have the potential to travel at 30-35km/h. Karts had been previously been driven from the track area into the pit area at speed.

On 1 March 2014, a worker was directed by her supervisor to refuel a kart as part of the closing up procedures. Whilst refuelling the kart in the pit lane, Ms Taylor was struck from behind by a kart being driven by a customer. She was decanting fuel from a 20 litre container at the time she was struck. She dropped the container and spilt fuel due to her injuries. There was no kit on the site. Rags were used to mop up the fuel and then thrown into the rubbish bin. As a result of being struck by the kart, the worker received a left heel fracture and a right ankle fracture.

The Defendant did not notify WorkSafe NZ of the incident at all. CCTV footage that captured the incident was not preserved and the scene was not held. WorkSafe NZ only became of the incident as a result of a call made to its Registrar of Amusement Devices on 9 July 2014.
 
Offence section:
Section 6 and 25(3)(a) Health and Safety in Employment Act 1992
 
Date(s) charged:

Court:
Hamilton - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$35,000
 
Maximum fine available:
$250,000
 
Reparation:
$25,000
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