Court Summary - at a glance
Date of offence:
3/04/2018
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
$165,000.00
Safety lessons learned:
- Undertake an effective risk assessment to identify and manage the risks;
- Develop, implement, and monitor and review a safe system of work;
- Provide suitable personal protective equipment to workers;
- Ensure chemical tanks in the near vicinity of the work including the tank of caustic soda were covered; and
- Provide information, training, instruction and supervision to its workers
Defendant name:
Total Access Limited
Industry:
Building and construction
Date of offence:
3/04/2018
Facts in brief:
"The Defendant, Total Access Limited (TAL), was in the business of providing and constructing access equipment, including scaffolding. TAL was engaged by Perry Metal Protection Limited (PMPL), to assemble and disassemble scaffolding at its premises.
On 3 April 2018, the Victim, one of TAL’s workers, was disassembling scaffolding near tanks containing caustic soda solution at PMPL’s premises.
The Victim was not given an appropriate induction, taken through the hazards, nor given suitable PPE. While disassembling the scaffolding, the Victim’s hands were contaminated with the caustic soda solution, and he suffered chemical burns requiring surgery."
On 3 April 2018, the Victim, one of TAL’s workers, was disassembling scaffolding near tanks containing caustic soda solution at PMPL’s premises.
The Victim was not given an appropriate induction, taken through the hazards, nor given suitable PPE. While disassembling the scaffolding, the Victim’s hands were contaminated with the caustic soda solution, and he suffered chemical burns requiring surgery."
Offence section:
Sections 48(1) and 2(c), and 36(2) of the Health and Safety at Work Act 2015
Date(s) charged:
2/04/2019
Court:
Hamilton - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
$165,000.00
Maximum fine available:
$1.5 million
Reparation:
$15,000.00 in emotional harm
$2,000 in consequential loss
$5,000 in costs
$2,000 in consequential loss
$5,000 in costs
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