CentrePort Limited

Ports

31 January 2017

The victim worked for the defendant repairing containers. He was tasked with repairing and modifying a container for use as a pedestrian walkway. The victim was using a ladder, which he placed at the end of the container, and climbed up the ladder and onto the container roof. There was no edge or fall protection in place. The ladder fell and the victim was found on the ground on his back. The victim suffered injuries to the back of his head, and later died as a result of these injuries.

It was reasonably practicable for CentrePort to have:
a. Developed and implemented a safe system for undertaking repairs to the roofs of containers;
b. Implemented processes to ensure that ladders were well maintained and used correctly;
c. Provided edge protection and fall prevention systems to control the risk of a fall from height.

Sections 48(1) and 2(c), and 36(1)(a) of the Health and Safety at Work Act 2015

Wellington - District Court

Guilty

Convicted

$506,048

$1.5 million

For emotional harm:
$65,000 ordered in addition to the $105,026.85 already paid**
(Widow; order of $17,500, Children; order of $47,500)
**Sums already paid to widow = $52,500
**Sums already paid to children = $52,526

For consequential loss:
$85,952.23 for widow ordered
**Sums already paid to widow = $19,500