11 January 2005
The Maritime Safety Authority says the sentencing of a managing director in Marlborough yesterday, involving a serious accident last January, holds important health and safety lessons for other owners and managers.
The managing director of Punga Cove Resort in the Marlborough Sounds, Mr Ralph Faulkner, was convicted of failing to ensure the health and safety of his employees and failing to report the accident. He was fined $16,000. Mr Faulkner’s company, Kumbak Ltd, was also convicted of one charge.
The accident happened after Mr Faulkner asked two employees of the Resort to retrieve a boat which was moving rapidly around in circles after the driver was thrown from it. The employees were asked to paddle out in a kayak to rescue the boat; however, when attempting to jump from the kayak on to the boat, one of the employees slipped and fell into the water. The boat’s propeller ran over the man’s right foot, cutting it open, severing a tendon, breaking an anklebone, and causing several lacerations.
Following the accident, the employee was confined to a wheelchair for several months.
Maritime Safety Authority Acting Director Peter Williams says the accident simply should not have happened.
“The failures on the part of the managing director and company at Punga Cove Resort were extremely serious and put the lives of workers at risk, which is why MSA decided to prosecute. There was absolute failure by the company and Mr Faulkner to train employees in the use of the boat and to warn them of hazards.
“To require the employees to attempt to recover the boat in a kayak was obviously dangerous. Mr Faulkner and his company were extremely lucky the employee was not killed or more seriously injured.
“This accident is a reminder to all people who operate a vessel, as part of their business, that they must take proactive steps to ensure the safety of their employees,” he said.
This is the second prosecution the MSA has concluded under the Health and Safety in Employment Act. Last year, the MSA became the designated authority to administer the Act for the maritime sector.
For further information contact:
Maritime New Zealand Media Line
Phone 04 499 7318
