Court Summary - at a glance

Date of offence:
Between 6 August 2018 and 8 September 2018
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$40,000

Safety lessons learned:
  1. Conduct an adequate risk assessment, in consultation with Ryan Neutze, of the risks associated with working at height at the site and suitable controls to manage that risk;
  2. Provide an adequate edge protection system for the entire perimeter and the openings in the roof;
  3. Ensure that workers who are to install the edge protection system are provided with sufficient instructions, information and training to safely carry out the work;
  4. Monitor the work being undertaken at the site through regular inspections and active supervision.

Defendant name:
RLT Homes Limited
 
Industry:
Building and construction
 
Date of offence:
Between 6 August 2018 and 8 September 2018
 
Facts in brief:
Defendant is a franchisee of Versatile Homes who sub-contracted the co-Defendant to build two farm sheds. It was a pole structure and the maximum pole height was 4.8 metres and a minimum pole height was at 3.6 metres.

Work commenced on the site in August.

An Inspector visited the site on 6 September 2018 and noted a number of safety concerns including: no internal fall protection in place, no edge protection, defective “H frame scaffold” on one side of the building, single rail structure with no mid-rail along one of the gable ends, no harness system, and no means to get down from the roof. As a result, a Prohibition Notice was issued.

The Defendant provided proprietary edge protection brackets to be installed by the co-Defendant.

An Inspector visited the site on 7 September 2018 and noted a number of safety concerns, including: proprietary edge protection not installed on all sides of the building, there was no bottom rail attached to the edge protection, the edge protection was attached using an improvised system, there was no infill mesh, no one had the installation instructions for the edge protection, there was an unsecured ladder used to access the mobile scaffold, the mobile scaffold was in place on unstable ground and footing without properly tightened bracing, and the mobile scaffold had no entry gate to allow access. A further Prohibition Notice was issued.

No one was injured in this matter, but at least three workers were exposed to a risk of death or serious injury arising from a fall from height.
 
Related prosecutions:
 
Offence section:
Sections 36(1)(a), 48(1) and 2(c), of the Health and Safety at Work Act 2015
 
Date(s) charged:
2 August 2019

Court:
Timaru - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$40,000
 
Maximum fine available:
$1.5 million
 
Reparation:
N/A
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