Court Summary - at a glance

Date of offence:
5 June 2018
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
No fine imposed. A work health and safety project order under s155 of HSWA made.

Safety lessons learned:
  1. Ensure an effective risk assessment on use of the mobile scaffold is conducted; 
  2. Develop a safe system of work for the use of the mobile scaffold, including:
    1. Identifying and managing the risks associated with the use of the mobile scaffold;
    2. Documenting specific safety procedures for the use of the mobile scaffold;
    3. Implementing policies and procedures on the safe use of the mobile scaffold;
    4. Monitoring the use of the mobile scaffold.
  3. Ensure the provision of effective information, training and instruction in the use of the mobile scaffold;
  4. Ensure that persons who are not experienced or formally trained in the safe use of the mobile scaffold are supervised by a competent person when they are using it; and
  5. Alternatively, ensure a scissor-lift or mobile elevated work platform is used instead of the mobile scaffold to access height.

Defendant name:
Forest View High School Board of Trustees
 
Industry:
Education and training
 
Date of offence:
5 June 2018
 
Facts in brief:
The school had an extra-curricular group of students, called the Lighting Crew who were responsible for setting up the lighting and adjusting it in the performing arts area.

The group used a 4.95 metre tall mobile scaffold to access the lighting gantry in the school auditorium. The working platform of the mobile scaffold was 3.9 metres high.

On the day of the incident, two victims were on top of the platform. One took hold of the lighting gantry bar and intended to pull the mobile scaffold to the next light. The mobile scaffold overbalanced and toppled over. Both victims fell off the scaffold and suffered injuries as a result.
 
Offence section:
Sections 48(1) and 2(c), and 36(1)(a) of the Health and Safety at Work Act 2015
Sections 48(1) and 2(c), and 36(2) of the Health and Safety at Work Act 2015
 
Date(s) charged:

Court:
Tokoroa - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
No fine imposed. A work health and safety project order under s155 of HSWA made.
 
Maximum fine available:
$1.5 million
 
Reparation:
$50,000 for victim A, $45,000 for victim B and $5,000 for victim C (guardian of victim B).
Total reparation: $100,000.
 
Related Documents:
PDF
Sentencing notes - WorkSafe New Zealand v Forest View High School Board of Trustees (PDF 1.5 MB)
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