Sections 36(1)(a), 48(1) and (2)(c) of the Health and Safety at Work Act 2015 (maximum penalty is a fine not exceeding $1.5 million)

Being a PCBU having a duty to ensure, so far as is reasonably practicable, the health and safety of workers who work for the PCBU, including Darshan Shah, while the workers were at work in the business or undertaking, namely working on a construction site, did fail to comply with that duty and that failure exposed workers to a risk of death or serious injury arising from a fall from height.  

It was reasonably practicable for the defendant to have:

• Adequately planned the work at the site to manage the risk of a fall from height.
• Ensured compliant controls, for example mobile scaffolds, temporary working platforms or scaffolding, were in place to manage the risk of a fall from height.
• Ensured regular monitoring of the approach to working at height.   

Sections 55(1)(b), 55(4)(b) of the Health and Safety at Work Act 2015 (maximum penalty is a fine not exceeding $50,000)  

Being a PCBU who managed or controlled a workplace, namely the building site at 66 Clayburn Road, at which a notifiable event had occurred (the notifiable injury of Darshan Shah), did not take all reasonable steps to ensure that the site where the event occurred was not disturbed until authorised by an inspector.    

Sections 56(1) and 56(6)(b) of the Health and Safety at Work Act 2015 (maximum penalty is a fine not exceeding $50,000)  

Being a PCBU, who became aware that a notifiable event arising out of the conduct of the business occurred on 5 March 2020 (the notifiable injury of Darshan Shah), failed to ensure that the regulator, WorkSafe New Zealand, was notified of the event as soon as possible.