$105,000 for fatal accident at work

Mark Blincoe's mother Mei Leonard, father Michael Blincoe and brother Mike Blincoe with his picture outside court after the sentencing. Photo / John Stone

Mark Blincoe was only 24 and planning a future with his long-time girlfriend when he was killed at work after the forklift he was operating rolled and tipped. It had a faulty handbrake and no seatbelt.

Almost a year later his family can have some closure to a painful chapter in their lives, now that Mr Blincoe's employer has been convicted and fined by the Whangarei District Court on one charge of failing to take all practicable steps to ensure his safety.

The charge under the Health and Safety in Employment Act was laid by WorkSafe New Zealand and yesterday the employer, Kiwi Timber Protection, was ordered to pay almost $105,000 in compensation and a fine over the death.

The company had earlier given the family $34,040.

Mr Blincoe died on February 10 after the forklift he was operating rolled back on a driveway and smashed into a pile of steel, throwing him off.

He died at the scene.

Judge Greg Davis yesterday ordered Kiwi Timber Protection of Union East St in Whangarei to pay a fine of $45,000 on top of $34,040 the company paid shortly after Mr Blincoe's death, and offered a further $60,000 in reparation to his family during sentencing.

The fine and reparation is to be paid within seven days.

Mr Blincoe had worked at Kiwi Timber Protection for just over a year when the accident happened.

It emerged in court that the three-week training he received on the use of a forklift was inadequate and he was trained mostly by way of observation.

His mother, Mei Leonard, and father, Michael Blincoe, read emotional victim impact statements to the court during sentencing.

Ms Leonard said she collapsed with shock after hearing about his death while she was in Brisbane looking after her grandchildren.

The youngest of five brothers and two sisters, Mr Blincoe was a gym enthusiast and a happy-go-lucky boy whose life was only just starting to take off, she said.

He was planning to wed his girlfriend of five years.

"He made friends everywhere he went and was a very likeable and loveable boy since he was born," his mother said.

Michael Blincoe said he would grieve until the day he died and felt a part of him had gone.

His son lived with him and he said even now he would still wait for him to come home from work.

Mark Blincoe's parents welcomed the court ruling and said they never had any animosity towards Kiwi Timber Protection.

WorkSafe New Zealand lawyer Sanya Woodhead said the company's in-house training, practical and theory, could have been better and steps have been recommended on the safe use of forklifts.

James Cairney, lawyer for Kiwi Timber Protection, said the company took its staff safety seriously and had hired a health and safety manager who would start work today. Mr Cairney submitted there were regular health and safety meetings; that the company co-operated with investigations by providing documents above what was required; and that it had an unblemished record.

Kiwi Timber Protection, he said, accepted more could have been done in terms of Mr Blincoe's training.

Judge Davis said a week before the tragedy, another staff member complained about the forklift taking ages to get into gear and that its handbrake was not working properly.