Court Summary - at a glance

Date of offence:
5 November 2015
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$52,500

Safety lessons learned:
  • Ensure that a hydraulic ram is assessed or rated for a safe operating pressure and a maximum pressure;
  • Ensure that a formal procedure was in place and that instructions were made available to employees for the use of the hydraulic ram with the hydraulic power unit; and
  • Ensure suitable training and supervision for employees in the use of the hydraulic ram with the hydraulic power unit.

Defendant name:
Rosco Contractors Limited
 
Industry:
Mining
 
Date of offence:
5 November 2015
 
Facts in brief:
The Defendant company provides drivers, excavators, dozers, trucks and dump trucks for mining operations.

The victim, a trades assistant employed by the defendant, was operating a hydraulic ram and power unit while assisting a colleague in servicing a dump truck.

The victim was hit in the chest with high pressure hydraulic oil. He suffered a severe traumatic injury to the left anterior chest with fractured ribs and sternum and a severe tearing of the left ventricle. His injuries were fatal.
 
Offence section:
Sections 6 and 50(1)(a) of the Health and Safety in Employment Act 1992
 
Date(s) charged:

Court:
Christchurch - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$52,500
 
Maximum fine available:
$250,000
 
Reparation:
$100,000
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