Court Summary - at a glance
Date of offence:
31 January 2017
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
$506,048
Safety lessons learned:
- Develop and implement a safe system for undertaking container repairs.
- Implement process to ensure that ladders are well maintained and used correctly.
- Provide edge protection and fall prevention systems to control the risk of a fall from height.
Defendant name:
CentrePort Limited
Industry:
Ports
Date of offence:
31 January 2017
Facts in brief:
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.
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.
Offence section:
Sections 48(1) and 2(c), and 36(1)(a) of the Health and Safety at Work Act 2015
Date(s) charged:
Court:
Wellington - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
$506,048
Maximum fine available:
$1.5 million
Reparation:
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
$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
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