An employer was ordered to pay $33,000 by way of a fine
and $40,000 in reparation by the Dunedin District Court after an employee was
hit on the head by a piece of machinery.
The Court found that the handle of the winch shaft could
be dislodged and that there was no automatic brake system to stop the ramp from
being lowered accidentally.
The ramp came down hitting a truck driver on the head and
resulted in him being off work for nine months and suffering a fractured skull
plus lifelong vision and hearing difficulties.
Worksafe’s prosecution was on the basis that the winch
should have been fitted with an automatic brake to prevent unwinding. This would have prevented the ramp falling
and hitting the truck driver.
It is important that all machinery is safe and that all
reasonable precautions are taken to ensure the machinery cannot injure anyone
else. Employers should assess all
machinery and obtain expert assistance, for example from an engineer to assess
the machinery and to put in place safety measures so that people are not
injured.
Alan
Knowsley
Employment
Lawyer
Wellington
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