Court Summary - at a glance

Date of offence:
5 August 2013
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$30,000

Safety lessons learned:
  1. Use an effective means of fall protection e.g.
    1. Isolating harm mechanisms (mobile scaffolding that could reach the top trusses or mobile elevating work platforms
    2. Where the above is not possible, minimising harm mechanisms such as safety nets or mesh or soft landing systems.
  2. Ensure controls are properly documented in a clear, up to date and relevant manner prior to the work commencing
  3. Have an effective system to communicate these controls to employees ensuring that everyone is aware and follows them
  4. Provide effective supervision of the work to ensure that the employees are following the agreed procedures.

Defendant name:
CMP Construction Limited
 
Industry:
Building and construction
 
Date of offence:
5 August 2013
 
Facts in brief:
Defendant was contracted to carry out concrete, formwork and carpentry work on a four story retirement home. The victim, employee of the defendant, was working on the top floor of the retirement home to install the purlins on the trusses. The employee was standing on a piece of timber, which snapped, causing the employee to fall over five metres onto the concrete floor below.

At the time of the accident, there were no effective means of fall protection in place. The employee suffered serious injuries including fractured humerus, clavicle and fracture ribs, and a significant on-going head injury.
 
Related prosecutions:
 
Offence section:
S18(1)(a) Health and Safety in Employment Act 1992
 
Date(s) charged:

Court:
North Shore - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$30,000
 
Maximum fine available:
$250,000
 
Reparation:
$10,000
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