Fine for digger operator’s death

An earthmoving company has been ordered to pay $140,000 after a worker died when a tree fell on a digger on a West Coast farm.

The man, whose name is suppressed, died at the farm near Harihari on March 16, 2021.

WorkSafe laid charges against his employer, South Westland Earthworks, for exposing workers to risk by failing to ensure the excavator had a rollover protective structure and an operator protective guard. It also charged the company with failing to protect workers from falling trees,.

Judge Quentin Hix ordered the company to pay $120,000 in emotional harm reparation and a $20,000 fine. He said the man, 52, was “living a dream life” with his partner, and had a good reputation as a hunting guide.

Hix said the Covid-19 pandemic had affected the business, so he went to work for South Westland Earthworks directors Glen Monk and Robert McKenzie.

He said the man was found dead after a 14m tree fell on the cab of his excavator at the Mount Hercules Farm quarry site.

WorkSafe argued for a starting point for the fine of $550,000. Hix said the risks of rockfall, slip and falling trees were “readily apparent” in photographs of the site. A significant slip had occurred during heavy rains and two trees had made their way into a creek bed at the bottom of the slip where South Westland Earthworks had consent to extract materials.

All other excavators operated by the company had more robust protective cabs. It incorrectly assumed the cab was stronger.

Hix ordered it to pay reparations of $72,917 for an ACC top up, legal costs of $5824.05 and medical costs of $1413.80.

He gave the company a discount for its guilty plea and the director’s significant remorse.