A case was brought against James Hardie NZ Ltd by the Department of Labour after the death of an employee. The employee was carrying out maintenance work on a conveyor when he was pulled between the conveyor and the idle roller, resulting in fatal crush injuries. The guard that ought to have been there was missing. The company accepted responsibility was fined $54,400 and ordered to pay $76,000 reparation to the victim’s family.
A Masterton honey production company was fined $78,000 and ordered to pay $60,000 reparation to the family of a beekeeper killed when the ATV he was riding overturned. The company admitted a charge under the HSE Act of failing to take all practicable steps to ensure the safety of an employee.
The employees at the honey company didn’t ordinarily use ATVs, but did on this occasion when the weather and ground conditions were so bad that they couldn’t use 4WDs. The employee who was killed was given two demonstrations in using the bike before he went off onto the farm. The ATV overturned and the employee, who had not been wearing a helmet died in hospital from head injuries.
Farmers and other employers who use ATVs must ensure that their employees wear an approved helmet and are properly trained in ATV use. Four-wheelers are a crucial tool for farming, but also dangerous for inexperienced riders. ( I will addess next week such things as what happens if employees refuse to wear helmets that are provided)
Another prosecution relevant to farming occurred after an employee was injured while riding in a trailer on a kiwifruit farm. The worker suffered a fractured and dislocated left ankle when his foot was caught under a kiwifruit bin trailer being pulled behind a tractor.
The employer was fined $36,000 and ordered to pay $6,000 reparation. The Department of Labour commented that carrying people in trailers or as passengers on tractors could be highly dangerous.
I can hear all the sheep farmers out their hyperventilating from here . I know - we never wore a helmet on the farm in our lives (and still don’t) . I know - I spent much of my youth on the back of a tractor holding on for dear life . My job is to tell you what the law is so I don’t want any e-mails from people going crook at me.
Next week I will set out some of the things employers can do to minimise the chances of being prosecuted and explain what changes an “accident” into an “offence”.
Read Part 2 here
