Court Summary - at a glance
Date of offence:
22 February 2019
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
The starting point for the fine was set at $18,000. Following discounts for a guilty plea (25%) and other mitigatory factors (20%), the fine was reduced to $10,000.
Safety lessons learned:
It was reasonably practicable for the defendant to:
- engage with Rigweld Engineering Services Limited and Culham Engineering Company Limited to ensure they had an effective safe system of work for assembling and rigging steel loads.
Defendant name:
Leighs Construction Limited
Industry:
Building and construction
Date of offence:
22 February 2019
Facts in brief:
A stye holding up the longer steel beam was constructed by Rigweld Engineering Services Limited staff and was 9 levels high.
At around 2.45pm on 22 February 2019, a Rigweld staff member choked a chain on the shorter beam, which was then raised by crane to the correct height. The victim was then instructed to reach under the 30-metre beam, pull a chain through from the other side of the beam, and to then pass the chain up to that Rigweld staff member.
Just as the victim reached under the beam, the timber stye holding it collapsed, pinning the victim underneath. The beam fell across his shoulder to his hip. The victim suffered several life-threatening injuries.
At around 2.45pm on 22 February 2019, a Rigweld staff member choked a chain on the shorter beam, which was then raised by crane to the correct height. The victim was then instructed to reach under the 30-metre beam, pull a chain through from the other side of the beam, and to then pass the chain up to that Rigweld staff member.
Just as the victim reached under the beam, the timber stye holding it collapsed, pinning the victim underneath. The beam fell across his shoulder to his hip. The victim suffered several life-threatening injuries.
Related prosecutions:
Offence section:
Sections 34(1) and 34(2)(b)HSWA
Date(s) charged:
21 February 2020
Court:
Manukau - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
The starting point for the fine was set at $18,000. Following discounts for a guilty plea (25%) and other mitigatory factors (20%), the fine was reduced to $10,000.
Maximum fine available:
$100,000
Reparation:
Emotional harm – Nil sought ($10,000 paid in advance of sentencing).
Consequential loss – Nil sought against Leighs.
Costs – $1,664.09
Consequential loss – Nil sought against Leighs.
Costs – $1,664.09
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