Southern Aggregates Limited

Court Summary - at a glance

Date of offence:
5 November 2014
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$36,000

Safety lessons learned:
  1. Ensure adequate fall protection is provided around areas where employees work at height e.g. a guard rail on the work platform;
  2. Ensure that employees who work at height are adequately trained to work at height; and
  3. Ensure adequate identification of the hazards associated with working at height on a machine.

Defendant name:
Southern Aggregates Limited
 
Industry:
Mining
 
Date of offence:
5 November 2014
 
Facts in brief:
The defendant company operated two quarries in the lower South Island.

The victim was employed by the defendant as a machine operator at the Greenhills Quarry.

On the day of the incident, the victim was changing a missing bolt in a Kumbee hammer mill machine whilst standing on a work platform. The part of the platform he was on was 1.47 metres high. The victim reached up and around a part of the machine. The section of the platform he was on did not have a guard rail, only a chain barrier. He fell off the platform and hit the ground below.

The victim suffered skull fractures, concussion, brain haemorrhage, left shoulder fracture, bruised hip, memory loss, neurogenic fatigue and vestibular hypofunction causing issues with balance. Pre-existing conditions of hearing impairment and tinnitus were also worsened.
 
Offence section:
Section 6 and section 50(1)(a) of the Health and Safety in Employment Act
 
Date charged:

Court:
Invercargill - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$36,000
 
Maximum fine available:
$250,000
 
Reparation:
$21,118 ($20,000 emotional harm and $1,118 economic loss)