Transport (Waimate) Limited

Court Summary - at a glance

Date of offence:
19 March 2015
 
Plea:
Guilty
 
Decision:
• Convicted of s 6 and 50(1)(a) charge;
• Convicted and discharged on the regulation charge
 
Final decision date:
 
Fine imposed:
$54,000

Safety lessons learned:

The following practicable steps were available to the Defendant and should have been taken:

  • Ensure that no employee was working unsupervised or alone on the quarrying plant;
  • Ensure that regular audits of plant machinery were undertaken and hazards identified;
  • Ensure that dangerous parts of the machinery were fitted with fixed guards, compliant with the NZ/AUS Standard 4024, constructed and arranged so that operators could not reach into the machinery during normal use, maintenance or cleaning;
  • Ensure that maintenance on machinery was not undertaken while machinery  was running;
  • Ensure that effective controls were in place for an operator to stop the top motor in an emergency;
  • Ensure that the appropriate qualification was obtained by a person before appointing that person as a manager; and
  • Ensure that the appointment of the quarry manager was notified to WorkSafe as required by regulations.

Defendant name:
Transport (Waimate) Limited
 
Industry:
Mining
 
Date of offence:
19 March 2015
 
Facts in brief:
The Defendant is in the business of quarrying limestone and supplying lime and is also a transport operator. It is the operator of a limestone quarry in Maungati, South Canterbury (‘the quarry’).

The victim was employed by the Defendant as a manager. The victim did not have the required qualifications to operate the quarry machinery. He had received some practical training in quarry work from the previous owner, but had not received any qualifications in quarry work.

On the day of incident, the evidence suggests that the victim was caught and trapped underneath rotating machinery. He was deceased when found.

Investigation revealed that there was inadequate guarding; a lack of emergency stops and the victim was working alone.
 
Offence section:
• Section 6 and 50(1)(a) of the Health and Safety in Employment Act 1992 AND
• Regulation 16 and 21 of the Health and Safety in Employment (Mining Operations and Quarrying Operations) Regulations 2013; Section 50(1)(c) of Health and Safety in Employment Act 1992
 
Date charged:

Court:
Timaru - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
• Convicted of s 6 and 50(1)(a) charge;
• Convicted and discharged on the regulation charge
 
Fine imposed:
$54,000
 
Maximum fine available:
$250,000 for each charge
 
Reparation:
$100,000