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Court Summary - at a glance

Date of offence:
25 February 2013
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$70,000

Safety lessons learned:
  1. Duty holders must ensure that specialized vehicles used are maintained and have sufficient safety features.
  2. Drivers of specialized vehicles should be sufficiently trained, and where possible, be supervised in the use of these vehicles.

Defendant name:
Busck Pre-Stressed Concrete Limited
 
Industry:
Manufacturing
 
Date of offence:
25 February 2013
 
Facts in brief:
The defendant manufactures precast and pre-stressed concrete products. They have a particular vehicle, a Merlo Telehandler, at the time of the incident configured as a forklift with a set of forks installed. An employee drove the Telehandler in the dark (approximately 5:30am) without any lights on, except for an automatic flashing beacon installed on the roof of the telehandler’s cabin. It struck an employee, who died from his injuries a few minutes later, at the scene.
 
Offence section:
S6 Health and Safety in Employment Act 1992
 
Date(s) charged:

Court:
Christchurch - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$70,000
 
Maximum fine available:
$250,000
 
Reparation:
$60,000