Contractors fined $275k after heavy roller plunged 20m off cliff near Queenstown
Wednesday, 7 October 2020
A Queenstown contractor has been fined $275,000 after a heavy roller plunged more than 20 metres off the roadside towards Lake Wakatipu, seriously injuring the inexperienced driver.
Wilson Contractors (2003) Ltd admitted a Health and Safety at Work Act charge in the Queenstown District Court in June.
WorkSafe head of specialist interventions Simon Humphries said an investigation found the large roller should not have been used so close to a steep drop off; the worker had no experience operating a roller of that size; and he did not hold an appropriate licence endorsement.
The company was aware the worker did not hold the right licence and this was the second incident recorded by the company in which an unlicensed worker had been allowed to operate a roller, Humphries said.
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“The previous incident should have raised red flags… The company was fully aware of the risks involved in operating this kind of machine,” he said.
Judge Kevin Phillips said in a written judgement Wilson Contractors was installing safety barriers along State Highway 6, between Frankton and Kingston in April and May 2018.
A 4 tonne hired roller caught fire and was replaced with a 7.5 tonne roller. As it arrived, the victim, Gawain Meredith Owen, observed it was too big for the job.
Owen, a Scottish national on a working visa in New Zealand, had previously operated different rollers but on flat areas.
Part of his work involved an area with a steep drop off leading towards Lake Wakatipu.
While operating the roller he felt it begin to slide towards the bank. When he tried to drive forward, the back of the roller moved and it slid backwards, rolling down the bank.
“It came to a brief stop some 20m down the bank and Mr Owen managed to escape,” the judgement said.
It rolled another 10m before resting next to a large bolder.
A specialist recovery team was needed to removed Owen from the site. His injuries were severe and had an ongoing impact on his abilities and life.
They included compound fractures to both bones in his lower leg, a punctured lung and four broken ribs along with wounds to his head and foot.
His previous active lifestyle had ended, and he had eight operations, with the prospect of further operations in the future.
The judge noted there was a risk of death of the driver and potentially anyone close by when the incident happened.
Wilson Contracting was also ordered to pay reparation of $50,000 and $18,092 for consequential loss to Owen.
A project order was also imposed, requiring the company to write an article on the incident.