Company in court over workplace accident

General Distributors Ltd was convicted and fined over the accident. Photo / File

A work accident in which a 300kg gate came off its track and fell on a man, resulting in him being in hospital for five days and in a body cast for three months, was the subject of a WorkSafe New Zealand prosecution in the Dunedin District Court yesterday.

General Distributors Ltd admitted failing to take all practicable steps to ensure the safety of its employee, Rodger Michael Heads, while at work, at Countdown Andersons Bay on November 29 last year.

Convicted and fined $44,300, court costs $130, the company was also to pay the victim $33,000 emotional harm reparation within 10 days, Judge Michael Turner said.

The summary said the accident happened about 11am when the victim, working a Saturday morning shift, was closing the premises' rear yard gate and it came off its runner. He tried to get it back on and tried to prevent it falling when it began to wobble. But it was too heavy and it fell towards him, pinning him to the ground.

An employee who heard a crash and someone yelling "help" went to the gate and lifted it enough for the victim to roll out. He and another staff member assisted the victim until an ambulance arrived.

The victim sustained compression fractures of several vertebrae and fractures to his thumb. He was off work for three months.

The gate was installed in mid-2013. Investigation showed about a month later two employees found bolts securing a "stop" were coming loose. On two occasions, they tightened them. Another time they got petty cash through a service administration manager for a type of glue and a spring washer for the gate.

Carrying out repairs and maintenance work on the gate was not a task within their duties and responsibilities. While they and the service and administration manager were aware there were issues with the gate, a work order was not raised.

Judge Turner said the consequences for the victim were emotionally, physically and, to a lesser extent, financially significant. The victim was in hospital for five days and in a body cast for three months. He was still recovering. He was now on light duties two days a week. Whether he had any permanent disability remained to be seen.

"He and his partner struggle to plan for the future. He feels his life remains in limbo."

Prosecuting counsel Sarah Backhouse, of Wellington, said the practicable steps the company failed to take were identifying the gate as a potential hazard, and ensuring the defects found in the gate were repaired by suitably qualified people.

Counsel Tim Clarke, of Auckland, said a large number of remedial steps had been taken to ensure nothing like the accident would happen again. He also made a formal apology to the victim and his partner, who were both present in court.

Imposing sentence, the judge said the company's level of culpability was increased by its failure to take steps although aware of the potential hazard.