Court Summary - at a glance

Date of offence:
On or about 14 February 2018
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$175,000

Safety lessons learned:
  1. Develop and implement an adequate traffic management plan.
  2. Ensure the forklift was adequately maintained and in a safe working condition.
  3. Ensure a load lifted and/or moved by a forklift was secure and attached to the forklift, for example by using a forklift clamp.
  4. Develop and document an adequate system of work for lifting and moving loads while operating forklifts.
  5. Ensure it trained forklift operators in the safe system of work.
  6. Ensure it monitored and enforced compliance with the safe system of work.
  7. Ensure it reviewed the on-going effectiveness of the safe system of work.

Defendant name:
Japanese Car Parts Limited
 
Industry:
Postal, transport and warehousing
 
Date of offence:
On or about 14 February 2018
 
Facts in brief:
Japanese Car Parts Limited has a warehouse where the process of dismantling vehicles is carried out. Forklifts bring vehicles in for dismantling and then removing the parts and vehicle from the dismantling area.

On the day of the incident the dismantling area was cluttered with forklifts and pedestrian workers. A forklift operator was transporting a vehicle when the vehicle slipped off the forklift and fell onto a pedestrian worker pinning him to the floor. He suffered a fractured jaw, rotator cuff tear, dislocation of his left shoulder, dislocation to his right collar bone and concussion.
 
Offence section:
Sections 36(1)(a), 48(1) and (2)(c) of the Health and Safety at Work Act 2015
 
Date(s) charged:

Court:
Papakura - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$175,000
 
Maximum fine available:
$1.5 million
 
Reparation:
$50,000 – for emotional harm
$10,006.36 – for consequential loss
 
Related Documents:
PDF
Sentencing notes - WorkSafe New Zealand v Japanese Car Parts Limited (PDF 1.1 MB)
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