Metallic Sweeping (1998) Limited

Waste services

5 January 2019

The victim was an employee of the defendant. On 5 January 2019 the defendant was assisting with servicing of recycling drop off sites. This involved lifting moving 250kg metal recycling cages with a Hiab loader crane, which at the time was operated by another employee. At this particular site, a 2.5 metre fence surrounded the area where the recycling bins were placed, and the victim was stood on the other side of the fenced area from his colleague and the crane.

The colleague removed a full cage with the crane and placed it onto the truck. They then lifted an empty cage to go up and over the 2.5 metre fence, to replace the cage that had been removed. During this lift, the hook on the Hiab detached from the crane and the empty cage fell from a height of 2.5 metres, with the lateral momentum of the lift sending the cage towards where the victim was standing. The cage struck the victim in the head and shoulders, knocking him off his feet and coming to a rest on top of his lower body, pinning his legs folded underneath him. His colleague managed to lift the cage enough to pull the victim out and then took him to hospital.

The victim suffered multiple compression and stress fractures to his vertebrae, ligament damage in both knees and deep bruising to the legs, head and body. He also fractured his ribs and left ankle, which required surgery. The victim remained bedridden for some time and required ongoing medical attention after the incident. The victim subsequently died some 18 months after the incident, but there was no evidence which connected his death to the incident.

Sections 36(1)(a), 48(1) and 2(c) of the Health and Safety at Work Act 2015.

20 December 2019

Tokoroa - District Court

Guilty

Convicted

$15,000 over 3 years

$1.5 million

Costs - $2,398.39