Court Summary - at a glance

Date of offence:
10 June 2014
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$5,600

Safety lessons learned:
  • Ensure adequate supervision of employees;
  • Ensure deficiencies identified in Safe Behavioural Observations are acted on and provide further training as required;
  • Ensure adequate hazard identification training and systems were in place; and
  • Ensure that where concerns have been identified, the employee does not continue to work until the safety concerns are addressed.

Defendant name:
CMH Contracting Limited
 
Industry:
Forestry
 
Date of offence:
10 June 2014
 
Facts in brief:
The Defendant company was contracted to fell trees at a forest site.
The victim was employed as a bushman. On the day of the incident, he was manually felling trees. One tree that he had felled became hung on another tree, he then attempted to fell a second tree to knock the first on down. When the second tree became hung on the first, he felled a third tree which also became hung up. The victim did not notify his supervisor of the hung up trees as per company policy.
When the victim applied a poor cutting technique to a fourth tree, the hinge wood was insufficient to bear the weight of the tree and gave way. The tree kicked back at hit the victim who had not retreated to a safe place.
The victim suffered fractures to his left tibia and fibula.
 
Related prosecutions:
 
Offence section:
Sections 6 and 50(1)(a) of the Health and Safety in Employment Act 1992
 
Date(s) charged:

Court:
Tauranga - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$5,600
 
Maximum fine available:
$250,000
 
Reparation:
Not applicable
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