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The family of a railway worker killed in Huntly last year has received $277,000 from rail operator Ontrack.
The company had admitted it failed to take all practicable steps to ensure the safety of Sean-Edward Bryand Smith, 25, and was fined $36,000 in Hamilton District Court yesterday, The Waikato Times reported.
Mr Smith was killed in June last year while working on a crane, loading a train.
A passing train hit the crane and Mr Smith was knocked into the train's path.
Judge Melanie Harland said Ontrack had a good safety record but on that particular day "for reasons unknown" a job plan identifying potential hazards had not been done .
Lawyer for Ontrack Gerard Curry suggested human error was to blame but Judge Harland said that should be accounted for in a dangerous environment.
"Where such an environment exists, it is my view that there need to be effective back-up procedures in place to ensure that non-compliance (with safety procedures) is immediately detected."
It was the first time an explanation had been offered to Mr Smith's partner Rachel Rowling, 27.
"Nothing will ever make right the fact my partner and father of my child was killed in a work-related accident which never should have happened had the safety procedures been carried out," Ms Rowling said.
"Ultimately a life is something that can never be replaced. My daughter and I are now faced with trying to start our lives over without our very much loved Sean."
Since the accident Ontrack has made reparations to Mr Smith's estate and Ms Rowling totalling $277,000.
- NZPA
