Fulton Hogan is charged in the death of a highway worker who was killed while moving cones

Major road construction company Fulton Hogan has been sued after a road worker was killed by a speeding truck while moving road cones.

Brian Barnes was struck in February 2023 at a repair site on State Highway 23 near Hamilton.

Truck driver Michael Stacy was convicted last month of reckless driving causing death.

WorkSafe sued Fulton Hogan, as main contractor, under three sections of the Health and Safety Act, claiming “their failings exposed workers to a risk of death or serious injury from moving vehicles”.

It laid similar charges against Auckland company Independent Traffic Control Ltd in February, within the 12-month period that WorkSafe must investigate and lay charges.

According to court reports, investigators found that the truck’s brakes were well below standard (service brakes at 33 percent capacity and parking brake at 15 percent) and that it was traveling at nearly 60 km/h in a 30 km/h zone.

Barnes’ daughter told the court at the sentencing that her father had previously spoken about his fear of being hit because of the number of trucks speeding through work sites.

“Our investigation has looked into the truck and its maintenance, but we cannot comment further on these details while the matter is before the courts,” WorkSafe said in a statement to RNZ.

NZTA Waka Kotahi said it had not investigated whether these or other trucks posed ongoing risks to motorists. WorkSafe and police led the investigation, the report said.

“While the NZTA has not been involved in these investigations, we are working closely with both agencies, will assist where requested, and will review the investigation’s findings to understand whether further regulatory action, or a broader system review, is appropriate ,” the report said. in a statement.

The truck was working on a Waka Kotahi maintenance project and went off a closed section of the state highway when it struck the man, police said.

Fulton Hogan told a court it had taken action to make its workplaces safer after pleading guilty to health and safety charges over a road worker killed by a runaway truck after the handbrake failed in the Ngauranga Gorge five years ago. near Wellington.

RNZ has asked Independent Traffic Control for comment. Fulton Hogan declined to comment.