Court Summary - at a glance
Date of offence:
24 May 2017
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
$247,500
Safety lessons learned:
- Ensured that an adequate risk assessment was carried out prior to the removal of the X-Ray machine.
- Ensured that the PCBU had sufficient information about the machine before work began to remove the x-ray machine (or refused to carry out the work).
- Ensured the work to remove the X-Ray machine was carried out in a safe way.
Defendant name:
Fire & Mech Contracting Limited
Industry:
Manufacturing
Date of offence:
24 May 2017
Facts in brief:
The SDHB engaged the victim’s company to remove an X-Ray machine in the Dunedin Hospital, and the victim’s company then sub-contracted the removal to Fire & Mech Contracting Limited (Second Defendant).
On 24 May 2017, a Fire & Mech engineer asked for the victim’s assistance in cutting wire ropes to remove the X-Ray machine. The victim cut a second wire rope attached to the machine, which caused a spring-loaded plate to crush his forearm. The victim suffered fractured radius and ulna bones and extensive nerve, tendon and muscle damage.
On 24 May 2017, a Fire & Mech engineer asked for the victim’s assistance in cutting wire ropes to remove the X-Ray machine. The victim cut a second wire rope attached to the machine, which caused a spring-loaded plate to crush his forearm. The victim suffered fractured radius and ulna bones and extensive nerve, tendon and muscle damage.
Related prosecutions:
Offence section:
Sections 36(1)(a), 48(1) and 2(c) of the Health and Safety at Work Act 2015
Date(s) charged:
Court:
Dunedin - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
$247,500
Maximum fine available:
$1,500,000
Reparation:
$25,000 for emotional harm - already paid prior to hearing and halved with 1st Defendant, Southern District Health Board
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