Court Summary - at a glance
Date of offence:
22 February 2019
Plea:
Not guilty
Decision:
Convicted
Final decision date:
Fine imposed:
The starting point for the fine was set at $500,000. Following discounts for cooperation, remorse and remedial steps (20%), the fine was reduced to $400,000.
Safety lessons learned:
It was reasonably practicable for the defendant to:
- ensure the hazards and risks associated with the load supports and rigging of steel loads were adequately identified and assessed;
- ensure the provision and maintenance of an effective safe system of work in relation to the construction of load supports and rigging of loads;
- provide an effective and task-specific load support design thatwould support the steel loads;
- ensure load supports were safe and effective;
- consult, co-operate with, and co-ordinate activities with other PCBUs, namely Rigweld Engineering Services Limited and Leighs Construction Limited, in relation to the assembling and rigging steel work at 46 Stonedon Drive, East Tamaki.
Defendant name:
Culham Engineering Company Limited
Industry:
Building and construction
Date of offence:
22 February 2019
Facts in brief:
A stye holding up the longer steel beam was constructed by Rigweld Engineering Services Limited staff and was 9 levels high.
At around 2.45pm on 22 February 2019, a Rigweld staff member choked a chain on the shorter beam, which was then raised by crane to the correct height. The victim was then instructed to reach under the 30-metre beam, pull a chain through from the other side of the beam, and to then pass the chain up to that Rigweld staff member.
Just as the victim reached under the beam, the timber stye holding it collapsed, pinning the victim underneath. The beam fell across his shoulder to his hip. The victim suffered several life-threatening injuries.
At around 2.45pm on 22 February 2019, a Rigweld staff member choked a chain on the shorter beam, which was then raised by crane to the correct height. The victim was then instructed to reach under the 30-metre beam, pull a chain through from the other side of the beam, and to then pass the chain up to that Rigweld staff member.
Just as the victim reached under the beam, the timber stye holding it collapsed, pinning the victim underneath. The beam fell across his shoulder to his hip. The victim suffered several life-threatening injuries.
Related prosecutions:
Offence section:
Sections 36(1)(a) and 48(1) and (2)(c) HSWA
Date(s) charged:
21 February 2020
Court:
Manukau - District Court
Plea:
Not guilty
Final decision date:
Decision:
Convicted
Fine imposed:
The starting point for the fine was set at $500,000. Following discounts for cooperation, remorse and remedial steps (20%), the fine was reduced to $400,000.
Maximum fine available:
$1.5 million
Reparation:
Emotional harm – $50,000 (to be split 50:50 with Rigweld).
Consequential loss – $40,740 (to be split 50:50 with Rigweld).
Legal costs: $31,621.71.
Operational costs: $1,155.
Consequential loss – $40,740 (to be split 50:50 with Rigweld).
Legal costs: $31,621.71.
Operational costs: $1,155.
Related Documents:
Pre-trial hearing: WorkSafe New Zealand v Culham Engineering Company Limited
Sentencing decision: WorkSafe New Zealand v Culham Engineering Company Limited, and Rigweld Engineering Services Limited, and Leighs Construction Limited
Trial decision: WorkSafe New Zealand v Culham Engineering Company Limited
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