19 Apr 2023

Coroner calls for greater oversight, regulation of operating 'dangerous' side-loaders

2:28 pm on 19 April 2023
Coroner Matthew Bates apologised to Erica Hume's family about delays in the inquest. Erica Hume died in a suspected suicide when she was a Palmerston North Hospital mental health ward patient.

Coroner Matthew Bates. Photo: RNZ / Jimmy Ellingham

A coroner has called for greater oversight and regulation around the operation of side-loaders used to lift containers on and off trailers.

A 43 year old man, whose name is suppressed, was crushed between a 12-metre, 24-tonne container and a trailer unit in Mount Maunganui in 2016.

He died of massive injuries to his upper abdomen and lower chest.

The company the man worked for and the manufacturer of the side-loader were convicted under the Health and Safety Employment Act.

In August, 2017, Coda Group Ltd was fined $52,500 and Hammar NZ Ltd, $26,600.

Coda was also ordered to pay reparation to the man's family of $110,000.

Coroner Matthew Bates said the man's death occurred because of a combination of equipment faults that had gone undetected by others for a considerable amount of time, as well as the victim's inexplicable and out-of-character disregard for following safe operation procedures.

Proximity sensors on the side-loader were not working. They are designed to prevent container lifts in an unsafe manner by detecting the presence of nearby objects without any physical contact.

Coroner Bates said an audible alert when a side-loader and a container are properly aligned for a lift would be an extra layer of assistance for drivers.

He said while much has been learnt by the industry since the death, further changes are required.

Coroner Bates wants better reporting of issues with equipment, better record keeping, including the hours and work done by each operator, and regular side-loader testing.

He said safe side-loader operation requires particular training , skill and care as heavy and dangerous equipment is involved.

Because the potential for loss of life is evident, Coroner Bates said he is surprised side-loader work, which is dangerous, has gone without any form of regulation or a code of practice for so long.

He said while it was not for him to determine exactly what form an appropriate level of regulation would take, in the interests of safety, it is something that must be addressed by those who possess the necessary expertise and authority.