Court Summary - at a glance

Date of offence:
2013-11-08
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
35000

Safety lessons learned:
  1. Complete task analysis to systematically identify all significant hazards in the workplace.
  2. Design fit for purpose anchor points to attach the chain to the digger bucket;
  3. To use a chain and hook that would be compliant with BS EN 1677-5.10, namely that the hook is fitted with a safety catch; and/or alternatively, to use a hand winch system (which in this case, had been previously used).

Defendant name:
Glenn Robert Erickson (also Erickson Fencing Limited)
 
Industry:
Building and construction
 
Date of offence:
2013-11-08
 
Facts in brief:
Employee was assisting in erecting a bird and vermin proof cover over a blueberry orchard. The defendant was working with the employee on the day of the accident, operating the digger, while the employee was connecting an outer cable to the chain then subsequently to the digger’s hook.

The employee was holding a hammer for the purpose of the job, standing on a hydrala at the height of 1.8 metres. During the process of the operation, a chain become unhooked from the bucket, flicked back and hit the victim. Either the chain or the hammer the employee was holding was forced into his head by the retracting chain resulting in the injury.
 
Offence section:
S6 Health and Safety in Employment Act 1992
 
Date(s) charged:

Court:
Hastings - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
35000
 
Maximum fine available:
250000
 
Reparation:
$20,000.00 (plus Court costs of $130)
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