Benchmark-Construction to pay $80k over workplace injury

The 16-year-old was working in a trench at a Kaiapoi development when the bucket of an excavator being operated by another employee detached and struck him. Photo / iStock

A South Island construction company has been fined more than $40,000 and ordered to pay $40,000 in reparation to a young worker after he became injured on the job.

The 16-year-old, who was doing casual work for Benchmark-Construction Limited in January this year, was working in a trench at a Kaiapoi development when the bucket of an excavator being operated by another employee detached and struck him.

The teen suffered a compound fracture of his left leg with nerve damage as well as cuts to his right leg, and bruising requiring surgery on his left leg and ongoing medical treatment.

A WorkSafe New Zealand investigation found that a manual safety pin (which is a back-up safety measure in case the automatic hitch lock device fails) had not been inserted. It was found loose on the floor of the excavator's cab.

Benchmark-Construction was today sentenced in the Christchurch District Court after pleading guilty to one charge of failing to take all practicable steps to ensure the safety of an employee while at work, under sections 6 and 50(1)(a) of the Health and Safety in Employment Act.

WorkSafe's Chief Inspector, Keith Stewart, says Benchmark-Construction failed to effectively identify the risk of the excavator bucket coming loose - despite WorkSafe having highlighted the issue in a March 2014 fact sheet.

"If proper systems had been in place the excavator's operator would have been required to check the bucket and insert the manual safety pin before starting work," Stewart said.

"This young man suffered nasty injuries that might have been avoided altogether. Hopefully this case will serve as a reminder to others in the construction industry to make sure they check excavator buckets before they start work."