Prosecution Details

Charge 1 - Being an employee the Accused failed to take reasonable care to ensure that his own safety and health at work; contrary to sections 20(1)(a) and 20A(3) of the Occupational Safety and Health Act 1984

Charge 2  - Being an employee the Accused failed to take reasonable care to avoid adversely affecting the safety or health of any other person at work; contrary to sections 20(1)(b) and 20A(3) of the Occupational Safety and Health Act 1984

On Saturday 28 March 2009 the Accused drove a crane to a construction site where a two story house was being built.

The Accused set the crane up with one of its supports, called an Outrigger, on soft builder's sand, and another called the Front Jack, on a pile of bricks.

The dogman was not sure that the crane could reach the necessary position so he asked the Accused to do a practice run without the crane carrying the load it would lift into place on the house.

While the Accused was operating the crane on the practice run the outriggers collapsed under the crane and it tipped over onto its right hand side.  It came to rest on the building and it's perimeter scaffold.

An employee had to run out of the path of the crane's boom as it fell.  The Accused placed himself and another four employees in danger of suffering a fatality or serious injury as a result of being hit or crushed by the crane as it fell. 

If the crane had collapsed whilst carrying its load the danger to the Accused and the five other employees would have been even greater.

The Accused entered an endorsed plea of guilty to both charges

Convicted

Please note that the charges have global fines. While a penalty is imposed on each charge it is for the global fine and not a separate amount for each charge.