Tuatapere man Mark Robin Deans (46) appeared before Judge Russell Walker for sentencing in the Invercargill District Court yesterday on one charge of failing to take responsibility for his own health and safety when he operated the digger while under the influence of alcohol on October 17 last year.
The particulars of the offending include that he failed to undertake a toolbox talk at the beginning of his shift, failed to comply with alcohol policy, failed to follow instructions to cease operating the digger and attend a toolbox meeting and failed to take care by operating the digger while impaired by alcohol.
The summary of facts states C3 Ltd, a stevedoring company, was contracted to transport wooden logs from the port and load them into IVS Kingbird’s hold.
Normal practice was to attend a toolbox meeting before the shift started, but when Deans arrived late, he went to a digger someone else was operating and took over.
He was not rostered to work there.
The foreman discovered Deans’ late arrival and contacted him to cease operating the digger and to attend a toolbox meeting.
"Mr Deans replied affirmatively. However, he continued to stow logs using the digger for another five minutes," the summary states.
It was while he continued to work, the digger, in a precarious position, tipped over while Deans lifted and moved logs.
The foreman immediately froze all operations.
The digger’s door was difficult to open and a crane was used to assist in getting Deans out.
When Deans got out of the digger he was unsteady on his feet, had slurred speech and was pale, the summary states.
He suffered a concussion, sore neck and gash to his head as a result of the accident.
An initial breath screening test revealed he had 880mcg of alcohol per litre of blood, with a subsequent test 15 minutes later showing 830mcg.
There was $2000 in damage to the digger, but the company did not seek reparation.
Judge Walker said Deans’ driving increased the risk for everyone working at the port.
He said Deans’ nine previous convictions for drink-driving and operating a vehicle carelessly indicated a propensity for risk taking and alcohol and his offending was a recipe for potential disaster.
"You were lucky that more serious injuries and even fatal injuries did not result."
Judge Walker fined Deans $20,000.
