Court Summary - at a glance

Date of offence:
31 March 2014
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$50,000

Safety lessons learned:

As a principal:

  1. Ensure that contractors engaged to decommission a lift have an appropriate safety system for all safety issues arising out of decommissioning work, including all necessary safety checks;
  2. Require contractors to comply with all aspects of the principal’s safety procedure, including written pre-works and daily safety documentation;
  3. Require contractors to check safety equipment during lift decommissioning, adequately monitor the initial installation process to ensure equipment is properly installed and that lift’s own safety gear is operational.

Defendant name:
Kone Elevators Pty Limited
 
Industry:
Manufacturing
 
Date of offence:
31 March 2014
 
Facts in brief:
The Defendant company manufactures, supplies, installs and maintains elevators.

When the Defendant company was engaged to decommission and remove a small passenger lift they engaged the victim, a self-employed engineering contractor to do this work.

The victim was in the lift car when the wire rope connected to the top of the lift car failed causing the lift car to fall to the bottom of the lift well. The victim sustained fatal injuries in the fall.
 
Offence section:
Sections 18(1)(b) and 50(1)(a) of the Health and Safety in Employment Act 1992
 
Date(s) charged:

Court:
Dunedin - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$50,000
 
Maximum fine available:
$250,000
 
Reparation:
$90,000 emotional harm ($20,000 of this already provided); additional $21,800 economic loss.
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