Court Summary - at a glance
Date of offence:
23 July 2013
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
$52,500
Safety lessons learned:
- To have identified the front face of the trench as a hazard;
- To have ensured that a specific job safety analysis was prepared and completed in collaboration with the principal contractor, prior to the commencement of installation work;
- To have ensured that a safe work methodology was prepared, used and communicated to workers prior to the work commencing;
- To have ensured that the front face of the trench was adequately benched, battered, shored or deemed safe by a competent person or registered engineer;
- To have ensured that the workers in the area were in safe positions;
- To ensure that the excavator did not approach closer than 600mm from the edge of the excavation.
Defendant name:
Draeinail Construction Limited
Industry:
Building and construction
Date of offence:
23 July 2013
Facts in brief:
The Defendant was contracted to install waste and storm waste and storm water drainage at The Landings.
On 22 July 2013, the victim, an employee of the Defendant, was assisting in laying a storm water pipe in a 5.5m deep trench. At the time of the incident, the victim was crouched at the bottom of the trench ensuring that the pipe that was being installed was properly aligned. He was facing the pipe with his back towards the front face of the trench. An excavator was positioned approximately 50 to 200mm from the edge of the front face of the trench with its arm extended adjusting the pipe into position. Whilst this operation was in progress, part of the front face collapsed knocking the victim to the ground in such a way that his head and chest fell into the pipe.
The victim suffered crush injuries to his pelvis.
On 22 July 2013, the victim, an employee of the Defendant, was assisting in laying a storm water pipe in a 5.5m deep trench. At the time of the incident, the victim was crouched at the bottom of the trench ensuring that the pipe that was being installed was properly aligned. He was facing the pipe with his back towards the front face of the trench. An excavator was positioned approximately 50 to 200mm from the edge of the front face of the trench with its arm extended adjusting the pipe into position. Whilst this operation was in progress, part of the front face collapsed knocking the victim to the ground in such a way that his head and chest fell into the pipe.
The victim suffered crush injuries to his pelvis.
Related prosecutions:
Offence section:
Section 6 and section 50(1)(a) of the Health and Safety in Employment Act
Date(s) charged:
21 January 2014
Court:
Manukau - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
$52,500
Maximum fine available:
$250,000
Reparation:
$45,000
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