Court Summary - at a glance
Date of offence:
6 December 2013
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
$37,000
Safety lessons learned:
- Ensure a Job Safety Analysis (JSA) is completed for the task.
- Prepare lift plans identifying equipment, safe methodology, and the correct positioning of people involved in the task.
- In this case, ensure that the bearing housing block is properly stabilised and supported so that it cannot topple.
- Ensuring that supporting and stabilising equipment is fit for purpose and operated by competent and experienced people.
- Ensuring that all people involved in the task are properly instructed.
Defendant name:
Kernohan Engineering Limited
Industry:
Building and construction
Date of offence:
6 December 2013
Facts in brief:
The Defendant was contracted to Daiken NZ Ltd, engaged to provide specialist engineering support during a maintenance shutdown of its factory in December 2013. The victim was employed by Kernohan Engineering.
During the maintenance period, it was discovered that all 4 bearing housing blocks were incorrectly fitted and needed to be rectified before further progress could occur. No particular planned work method was available to manipulate the blocks. There was a verbal meeting between three Kernohan employees.
An employee suffered a blow to his chest and his right arm as one of the housing blocks fell forward during a rotation. Another employee, whilst trying to stop the block falling, put his right hand on its top corner becoming trapped between the block and the heel of the forklift fork. He sustained crush injuries and multiple fractures to his right hand.
During the maintenance period, it was discovered that all 4 bearing housing blocks were incorrectly fitted and needed to be rectified before further progress could occur. No particular planned work method was available to manipulate the blocks. There was a verbal meeting between three Kernohan employees.
An employee suffered a blow to his chest and his right arm as one of the housing blocks fell forward during a rotation. Another employee, whilst trying to stop the block falling, put his right hand on its top corner becoming trapped between the block and the heel of the forklift fork. He sustained crush injuries and multiple fractures to his right hand.
Offence section:
S18 Health and Safety in Employment Act 1992
Date(s) charged:
Court:
Christchurch - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
$37,000
Maximum fine available:
$250,000
Reparation:
$20,000
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