An employee was driving machinery which toppled over on a narrow track.  As a result the employee suffered a fractured back and hip along with other less serious injuries.

The employer was fined $31,000 and ordered to pay reparation of $36,900 for failing to ensure its employees were appropriately trained or supervised.  The employer should also have a specific hazard management plan when operating machinery where stability was compromised by slope, weather or ground conditions.

Alan Knowsley
Health & Safety Lawyer
Wellington