Court Summary - at a glance

Date of offence:
9 May 2022
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
A starting point of $1,800 was set, following discounts of 35%, a final fine of $1,100 was ordered

Safety lessons learned:

The defendant Lawrence Gannaway failed to ensure that all asbestos that was likely to be disturbed by the refurbishment is identified; and so far as reasonable practicable, that the asbestos was removed before the refurbishment was commenced.

Defendant name:
Lawrence Gannaway
 
Industry:
Building and construction
 
Date of offence:
9 May 2022
 
Facts in brief:
IEL were engaged to replace some flooring at 24 Malabar Crescent. They engaged Lawrence Gannaway, trading as Simply Flooring, as a subcontractor to remove and replace flooring.

On 21 June 2021 Mr. Gannaway was working at the home and uncovered some flooring he thought might be asbestos containing material. He alerted the homeowner and others working on the site, then he broke up some of the vinyl he suspected might be asbestos containing material and placed it in the back of his car. He disposed of it in a waste bin supplied by IEL which was not approved for asbestos.

IEL and Mr. Gannaway had not done any kind of asbestos survey prior to commencing the work at the house. The homeowner then organised asbestos testing, which was positive. An environmental clean up was then undertaken.
 
Related prosecutions:
 
Offence section:
Regulation 26 of the Health and Safety at Work (Asbestos) Regulations 2016
 
Date(s) charged:
9 May 2022

Court:
Christchurch - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
A starting point of $1,800 was set, following discounts of 35%, a final fine of $1,100 was ordered
 
Maximum fine available:
$10,000
 
Reparation:
Costs - $130 of court costs to be paid by Gannaway