
A Southland transport firm has been sentenced and fined for the death of a truck driver who was struck by a reversing loader in 2017.
McLellan Freight Ltd was contracted to load and unload palm kernel extract at a warehouse leased from South Port in Bluff.
In turn, McLellan Freight contracted trucks and drivers from Transport Services Southland Ltd and Herberts Transport Ltd.
One of those drivers was standing behind his truck when he was struck and killed by another driver who was reversing a front-end loader in February 2017.
A WorkSafe investigation found McLellan Freight should have had a more effective system in place for traffic management and should have consulted with the other trucking firms it worked with to manage the risks.
The company was charged under sections 36(1)(a) and 48(1) and (2)(c) of the Health and Safety at Work Act 2015 and sentenced at Invercargill District Court on November 16.
A fine of $577,500 was imposed, and reparations of $115,896 ordered.
WorkSafe acting national manager of investigations Catalijne Pille says clear separation of workers and moving vehicles is an absolute must in workplaces.
“Designated safe zones for people, alongside bollards or barriers to control the traffic flow are cost-effective ways to keep safe.
“Too much emphasis was placed on workers being vigilant, as opposed to businesses managing risks by preventing dangerous situations for workers.
“More could and should have been done by way of traffic management to ensure a safe system of work,” Pille says.
WorkSafe points to several measures that could have reduced the risk of harm which includes:
- having a dedicated spotter to help guide the driver at all times;
- a stop line or safety cone so drivers know exactly where to stop;
- use of a reversing camera on the loader;
- use of proximity sensors;
- use of blue light indicators on vehicles as appropriate
*Read the full sentencing notes here.



