Worker paralysed, company ordered to pay $386k

The Pukekohe worker was left paralysed from the neck down when he was struck by a harvester. He lay injured and wasn't found for several hours. Photo / 123RF

A company and its boss has been ordered to pay $386,300 after a worker was left a tetraplegic when he was struck by a harvester used to collect pumpkin and squash.

On March 10, 2016 the man had been unloading the harvester from a truck in a remote location on the Karaka farm. He lay undiscovered and unable to move for several hours

He was left paralysed from the neck down and required 24-hour care.

Horticulture company Wai Shing Ltd failed to mention the incident two weeks later when WorkSafe inspectors visited on an unrelated matter.

WorkSafe was only alerted to the incident nearly six months later by the victim's wife.

The company and its director Franklin Wai Shing were each charged under section 6 of the Health and Safety in Employment Act (1992) for failing to take all practicable steps to ensure the safety of its employee while at work.

In the Pukekohe District Court today, Wai Shing Ltd was fined $37,500, Wai Shing was fined $12,500, and reparations of $336,300 were ordered.

"Wai Shing Ltd hadn't followed basic health and safety management practices such as understanding and managing risks associated with using the harvester, despite using it since 1996," said WorkSafe general manager operations and specialist services, Brett Murray.

"In addition, the victim was inadequately trained in its use or transport and the company had no emergency plan to cover when a person is injured while working alone," Murray said.

The company was also charged under sections 25 and 26 after it failed in its duty to notify WorkSafe after the incident, disturbed the incident scene and continued using the harvester that injured the worker.