Court Summary - at a glance
Date of offence:
29 November 2017
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
Starting point for fine of $400,000. Reduced to an end fine of $340,000 for a 15% guilty plea discount.
Safety lessons learned:
Being a PCBU having a duty to ensure, so far as was reasonable practicable, the health and safety of workers who worked for the PCBU while at work in the business or undertaking, working on the construction site at Alexandra Park, did fail to comply with that duty and that failure exposed workers to a risk of death or serious injury arising from falling through a penetration.
It was reasonably practicable for the defendant to have:
- Ensured that fall hazards were covered properly.
- Ensured the covering over fall hazards had warning signed placed on them identifying a potential fall hazard if removed.
- Effectively communicate the risks of identified fall hazards to other workers who had case to enter the area.
- Ensured operating procedures regarding fall hazards and penetrations were implemented.
Defendant name:
Canam Building Limited (now 1962 Trees Limited)
Industry:
Building and construction
Date of offence:
29 November 2017
Facts in brief:
On the day of the incident, the victim, a worker for a different subcontractor involved in landing steel at the site, was working in a lift shaft area with approximately 10 other workers. It was his second day working in that area. The victim’s role was unchaining steel that was being unloaded on the fourth floor of the building by a crane.
As he was landing steel he stepped on a partially covered void in the floor of the fourth floor. The void had earlier been covered with two pieces of unsecured plywood by one of the defendant’s workers. When the victim stepped on the plywood, one of the pieces snapped and he fell through the void and hit his head on the frame around the void as he did so. This caused him to lose consciousness. He landed 3.3 metres below on the concrete floor. The fall caused him to have a seizure as a result of which he rolled and fell through another open void landing 3.32 metres below on the next floor down. He was taken to hospital but appears to have suffered no long term injuries.
As he was landing steel he stepped on a partially covered void in the floor of the fourth floor. The void had earlier been covered with two pieces of unsecured plywood by one of the defendant’s workers. When the victim stepped on the plywood, one of the pieces snapped and he fell through the void and hit his head on the frame around the void as he did so. This caused him to lose consciousness. He landed 3.3 metres below on the concrete floor. The fall caused him to have a seizure as a result of which he rolled and fell through another open void landing 3.32 metres below on the next floor down. He was taken to hospital but appears to have suffered no long term injuries.
Offence section:
Section 36(1)(a), 48(1) and 48(2)(c) of Health and Safety at Work Act 2015
Date(s) charged:
27 November 2018
Court:
Auckland - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
Starting point for fine of $400,000. Reduced to an end fine of $340,000 for a 15% guilty plea discount.
Maximum fine available:
$1.5 million
Reparation:
Emotional harm - $2,000 inferred in absence of victim impact statement
Costs - $10,665.80
Costs - $10,665.80
Related Documents:
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