Roading and infrastructure construction company Fulton Hogan, appearing in the Balclutha District Court, was convicted and fined $40,000 following the death of Stewart Leslie Michie at its Balclutha concrete plant last July. It was also ordered to pay $50,000 reparation to the Michie family for emotional and economic harm resulting from the accident.
Mr Michie (74) died when a seven-tonne precast concrete panel on which he was working tipped over and crushed him on the afternoon of July 5 last year. Judge Stephen O'Driscoll, in sentencing Fulton Hogan, said the company's culpability was at the higher end of the scale.
Most of the Michie family, who sat quietly in the public gallery, declined to talk afterwards, but son Paul said ‘‘you cannot put a price on a life.'' He declined to comment further.
The company's Balclutha regional manager, Craig Stewart, said the incident was a tragedy for the Michie family and the wider community. He was disappointed at the financial fallout for the company, but declined to comment further.
The company yesterday admitted a charge of failing to take all practicable steps to ensure Mr Michie's safety and for failing to ensure he was not exposed to hazards arising from the storage of prefabricated concrete panels.
It was also revealed Fulton Hogan had made what counsel David Robinson called a ‘‘no strings-attached'' $16,000 payment to the family and covered Mr Michie's funeral costs.
In his submission, Mr Robinson said the company had conveyed its regret and remorse.
In the Department of Labour summary, prosecutor Mike Hargreaves said Mr Michie, who was employed part-time as a finishing plasterer, was kneeling in front of the panel, which was attached to what are known as ‘‘toast racks'', when Mr Stewart, the crane operator, felt the panel moving.
Mr Stewart was able to get out of the way, but Mr Michie could not, partly because a crane immediately behind him restricted his escape options. The panel trapped Mr Michie from the mid-chest area downwards, crushing him.
Fulton Hogan could have prevented the accident, Mr Hargreaves said, by ensuring the panels were stored in such a way that their weight was bearing on the racks. It should also have identified the hazard of panels overturning when stored in those racks, he said.
In his submission, Mr Robinson said the racks had been used in the construction industry for 20 years without incident.
The company had looked at developing new techniques.
In his summing up, Judge O'Driscoll said it was clear this was a tragedy for all involved. Both counsels' submissions appeared to agree on most things, except for the degree of culpability on Fulton Hogan's part.
It was always difficult to rule how much should be paid in terms reparation or fines because every case like this was different.
‘‘Sentencing is not a mathematical exercise.''
But Judge O'Driscoll said Fulton Hogan needed to ensure its expectations, decided ‘‘in the board room'', are understood and carried out ‘‘on the shop floor''.
The company was also ordered to pay solicitors' fees of $250.
