Employer Bulletin | 3 March
"Old equipment repurposed by businesses must be safe to use, WorkSafe New Zealand says, following sentencing of a Rotorua company whose modified crane became a weapon that changed the life of a teenage contractor.
Harrison Gilbert was struck in the face by an untethered 412-kilogram steel beam being maneuvered by the mobile crane at Lakeland Steel in Rotorua, on the day of his seventeenth birthday in October 2022.
Mr Gilbert was knocked unconscious and received over 100 stitches in his face, a broken eye socket, a broken nose, several smashed or lost teeth, and skull fractures. He required facial reconstruction surgery and has more to come.
A WorkSafe investigation found the mobile crane had no certificate of inspection, no load safety devices fitted, and unclear labelling on its controls. The load should have had a tag line or tether to steady it.
The crane appears to have originally been a log skidder bought in the 1970's by the previous owner of Lakeland Steel. At some point in time, it was modified into a crane which was inherited by the current owners who did not maintain it."
In today’s Bulletin:
- Employee unjustifiably dismissed following injury
- Employer does not consult sufficiently in redundancy
- Summary dismissal upheld despite procedural flaws
- Employer fails to consider redeployment options in restructuring
- Failing to adhere to trial period requirements renders it invalid
- Seven news updates of interest for employers including: 50,000 businesses set to benefit from eInvoicing; Te Matatini boosts Taranaki business; Retail trade survey: December 2024 quarter; Going for Growth: Overseas investment changes to drive higher wages; Dodgy crane safety inflicts misery for teen worker; Household income and housing-cost statistics: Year ended June 2024 and Regional Tourism Boost to attract international visitors.
- Eight bills open for submission
If you have any questions, about this case or other employment relation matters, call the Advice Line team on 0800 800 362.
