Landfill operator avoids prosecution over death

A photo from 2019 of a loader at EnviroWaste’s Hampton Downs landfill composting facility. Photo: Stuff.

Gratten Layne was fatally crushed between his truck and a loader at work, but his employer has avoided prosecution by agreeing to spend about $1 million on boosting safety and reparations.

The 60-year-old truck driver was struck at the Hampton Downs EnviroWaste landfill site in 2020, leaving his widow 'shaken to the core”, she said in a statement.

'His death has left a hole in our life. He was our rock,” said his unnamed widow, who will receive just over $160,000 in reparation.

Layne was standing at the rear of his truck at the north Waikato site after travelling from Tauranga, when he was struck and killed by a loader driven by another EnviroWaste worker.

He suffered 'fatal crushing injuries” and died at the scene.

WorkSafe New Zealand documentation shows EnviroWaste has a previous conviction from an incident in 2015, where a worker died after being trapped in a glass recycling mechanism on a truck.

It had enforcement actions between 2007 and 2020 at a total of six locations across the country.

But WorkSafe says that, as an alternative to prosecution in the Hampton Downs case, it has accepted an enforceable undertaking, with the overall agreement coming at a 'minimum cost of nearly $1 million” to the company.

It says no individuals were charged, as the matter relates to EnviroWaste.

WorkSafe says it did initiate a prosecution but enforceable undertakings or EUs are another option, including in a case where someone dies.

'We have carefully worked through this process, with Gratten Layne's widow strongly supporting the EU and its commitment to drive health and safety change within industry,” says a spokesperson.

'The investment EnviroWaste is prepared to make in time, money and effort exceeds what the courts may have ordered in penalties.”

Worksafe's head of specialist interventions Catherine Gardner says 'enforceable undertakings are not a soft option for businesses”. The agency will monitor progress on agreed conditions.

Besides reparation to Layne's widow, there will be an 'artificial intelligence” initiative in health and safety, and a range of other measures undertaken, including a youth alcohol and drug programme in Waikato. The minimum spend by EnviroWaste will be about $960,000.

EnviroWaste's chief executive Chris Aughton says the company is "devastated” by Layne's death and that the settlement is a 'major investment” in safety.

The company says the settlement will involve installing special camera systems at Hampton Downs to develop an 'all seeing”, vigilant, intelligent and predictive capability.

Meanwhile, Layne's widow says: 'He was my hubby, my soulmate, and both me and my son's best friend.”

She spoke of his love of being in the water, swimming, fishing, kayaking 'and our long walks on the beach”.

'Now I walk alone.

'He is in our daily thoughts and frequently in our conversation.”

She says her husband's accident shouldn't have happened. 'Things went terribly wrong and the right things weren't put in place.”

-Stephen Ward/Stuff.

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