A New Zealand employer not only lost a worker to an on-the-job death, but was also subjected to a significant fine.
Whangarei-based Kiwi Timber Protection Ltd. was recently fined $45,000 and ordered to pay reparation of $60,000 (on top of $34,040 already paid voluntarily) after one of its employees was killed when the forklift he was driving tipped over.
Mill hand Mark Blincoe died in February of 2014 after a forklift he was driving rolled backwards down a driveway hit a pile of steel and toppled over. Mr Blincoe was thrown out of the vehicle and the cab of the forklift landed on top of him, causing fatal crush injuries. He died at the scene.
A WorkSafe New Zealand investigation found that the forklift’s handbrake was in the ‘on’ position at the time of the incident but was not working properly. Problems with the forklift’s performance had been reported to the company twice in the previous month including an entry in the shift-log noting that the brakes were faulty just six days before Blincoe was killed.
Employer Pleads Guilty
Kiwi Timber Protection Limited pleaded guilty to a charge under sections 6 and 50 of the Health and Safety in Employment Act for failing to take all practicable steps to ensure the safety of Blincoe while at work. The company was sentenced recently in the Whangarei District Court.
WorkSafe’s Chief Investigator Keith Stewart says Kiwi Timber Protection did not have adequate systems in place to ensure its forklifts were properly checked and maintained.
“The forklift Mark Blincoe was driving was unsafe and should not have been in use. There can be no excuse for ignoring the reports of problems with the vehicle. If Kiwi Timber Protection Ltd had adequate systems in place for checking and maintaining their forklift fleet MrBlincoe might still be alive – it is as simple as that.
“But there were also other failings identified in our investigation. The forklift had no seatbelt fitted and MrBlincoe had not received adequate forklift driver training. That is just not good enough.
“Mark Blincoe’s death was needless and is a sad reminder that forklifts are a serious workplace hazard. They need to be treated with due caution and care.”
Author Kori Shafer-Stack, Editor, Amaxx Risk Solutions, Inc. is an expert in post-injury response procedures and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. www.reduceyourworkerscomp.com. Contact: kstack@reduceyourworkerscomp.com.
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