Wai Shing Limited and Franklin Wai Shing
Court Summary - at a glance
- Ensure a mechanism is in place to control the rate of descent of the bin filler, such a mechanism could have included a winching cable and ratchet system or hydraulic cylinders;
- Ensure a reliable means is in place to secure the bin filler in the vertical position, this could have been achieved by using a locking pin arrangement;
- Develop, document, train employees in and supervise compliance with an adequate procedure for securing the harvester for transport, such a procedure should have clearly set out the roles and responsibilities of the employees involved and included a checklist (or similar) to ensure all the necessary steps to make the harvester safe had been taken;
- Implement a system to verify that all work vehicles used by employees during the day were returned to the main site by the end of the working day or that their absence was accounted for;
- To provide employees with appropriate personal protective equipment such as a hardhat when there is a hazard of falling objects.
As a result, the victim suffered broken vertebrae of the neck, resulting in tetraplegia.
The Defendant failed to notify WorkSafe.
Sections 26 and 50(1)(b) of the Health and Safety in Employment Act 1992
Sections 25(3)(a) and 50(1)(b) of the Health and Safety in Employment Act 1992
Sections 6, 56(1) and 50(1)(a) of the Health and Safety in Employment Act 1992