Court Summary - at a glance

Date of offence:
18 May 2017
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$191,250 – on the s48 charge

Convicted and discharged on the s34 charge

Safety lessons learned:
  • Ensured work installing the platform did not begin until the purlins were installed and the structure of the shed was sound;
  • Ensured a risk assessment was carried out before work commenced;
  • Monitored worker’s health and safety performance;
  • Provided workers with information, instructions and training in regard to risk management;
  • Consult with PSBL as to the scope of its health and safety duties;
  • Co-ordinate activities with PSBL about the risks when workers were working at height and how they were to be managed.

Defendant name:
Duncan Engineering Limited
 
Industry:
Building and construction
 
Date of offence:
18 May 2017
 
Facts in brief:
A trust engaged five contractors to build a 60-bay milking shed at a farm in Dipton.

The contractors included the first defendant PSBL (a construction company). PSBL engaged sub-contractors to assist with the build.

The second defendant Duncan Engineering Limited was engaged by one of the five main contractors, to install the milking platform within the milking shed.

On 18 May 2017, PSBL was installing purlins using a mobile scaffold in the centre of the pit. The purlins were left unbolted, but PSBL did not ensure that workers at the site were aware of this, and directed not to enter the pit. Three unbolted purlins fell 5-6 metres from the trusses, and two of them struck two engineers from Duncan Engineering Limited directly on their heads.

One worker suffered concussion and a mild brain injury, and as at May 2018, had not returned to work.

The other worker suffered fractured vertebrae, but has since returned to work.
 
Related prosecutions:
 
Offence section:
Sections 48(1) and 2(c), and 36(1)(a) and Sections 34(1) and 34(2) of the Health and Safety at Work Act 2015
 
Date(s) charged:

Court:
Invercargill - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$191,250 – on the s48 charge

Convicted and discharged on the s34 charge
 
Maximum fine available:
$1,500,000 for the s48 charge

$100,000 for the s34 charge
 
Reparation:
For emotional harm - $60,000 to Mr McKibbin (pro-rata 40%) ($50,000 paid prior to sentencing); $30,000 to Mr Johnson (already paid prior to sentencing)

For consequential loss - $15,904.12 to Mr McKibbin for ACC shortfall (pro-rata 40%); no shortfall for Mr Johnson
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