Company fined $5000 after woman's foot impaled on spike

Wednesday 05 September 2001

A member of the public who had her foot impaled on a 6-inch spike at a roadside workplace was awarded $4000 in the Auckland District Court today.

J&R Wilson Trenching was fined $5000 for failing to ensure a person in the vicinity of a workplace was not exposed to hazards.

In February this year, the woman was walking on a public footpath when she tripped over some steel mesh that was lying on the ground. A 6-inch spike at the end of the steel mesh impaled her foot. The spike entered through the top of her foot and exited through the sole.

"This prosecution has highlighted that workplace safety can involve people who are not actually working," said John Forrest, Service Manager, Occupational Safety and Health Service (OSH), Auckland.

"Safety must be in the forefront of people’s minds when they go to work.

"Health and safety in the workplace includes keeping yourself safe and ensuring the safety of others, even those in the vicinity of the immediate workplace.

"In this case, the mesh, which had been placed on the ground by the company, was not isolated with solid barriers to prevent serious harm to a member of the public. The company failed to recognise the level of risk that members of the public were exposed to from the reinforcing mesh.

"Employers must take a systematic approach to identifying workplace hazards and put systems in place to protect workers. These systems need to be constantly reviewed and updated."