Court Summary - at a glance

Date of offence:
14 March 2016
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$52,500

Safety lessons learned:
  1. Ensure employees are adequately trained in the operation of the Swing Loader, in particular in the use of the Akerstrom remote control device and its corresponding symbols/legends;
  2. Fit signage on the Swing Loader indicating safe working zones, weight loads and the legends for the manual operation of the levers;
  3. Ensure that there is a comprehensive Standard Operating Procedure covering all aspects of swing loader functionality;
  4. Establish a regime for testing the electrical safety systems on the Swing Loader, particularly the proximity switches, either as part of the pre-start check, or regular periodic servicing;
  5. Ensure that the above testing regime is completed and compliance monitored; and
  6. Ensure that its side loader/swing lift drivers held New Zealand Qualification Achievement NZQA 17679.

Defendant name:
Coda Operations Limited Partnership
 
Industry:
Postal, transport and warehousing
 
Date of offence:
14 March 2016
 
Facts in brief:
On 14 March 2016 a worker was killed when working at the Port of Tauranga. At the time of his death, the victim was employed by the Defendant. The victim was operating equipment designed and supplied by another company. The victim was picking up a 40 foot shipping container using a side loading truck and trailer unit when the side loader tipped and crushed him between it and an adjacent shipping container.
 
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:
$52,500
 
Maximum fine available:
$250,000
 
Reparation:
$112,001.20
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