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Court Summary - at a glance

Date of offence:
17 September 2012
 
Plea:
Not guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$80,000

Safety lessons learned:
  • To have a qualified and competent person supervising the breaker outs
  • Ensure that a safe position for breaker outs to stand for the break out phase
  • Implement a procedure that describes how to conduct breaking out in a safe manner when working in the danger triangle directly below the log landing
  • Train breaker outs workers in the procedure that describes how to conduct breaking out in a safe manner working in the danger triangle directly below the log landing

Defendant name:
Harvestpro New Zealand Limited
 
Industry:
Forestry
 
Date of offence:
17 September 2012
 
Facts in brief:
Harvestpro New Zealand Limited is a forestry company, which undertakes logging operations in Northland and on the East Coast of the North Island. A crew from the defendant company was engaged by Earnslaw One Limited (“EOL”) to undertake forestry work.

The crew was performing breaker out and skid work with pine logs. On the day of the accident, one worker was managing the processing deck for the logs, whereby another log slid past, down the chute. The worker attempted to stop the log. He used the loader horn in an attempt to warn the breaker outs (other workers) of the log sliding down the chute).

One of the crew climbed down the chute and found the victim trapped under a log amongst other heavy log slash. The victim suffered a broken left hip and left arm.
 
Offence section:
S6 Health and Safety in Employment Act 1992
 
Date(s) charged:
15 March 2013

Court:
Gisborne - District Court
 
Plea:
Not guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$80,000
 
Maximum fine available:
$250,000
 
Reparation:
$40,000