Court Summary - at a glance
Being a PCBU having a duty to ensure, so far as reasonably practicable, the health and safety of workers who work for the PCBU, including Matthew Hayden Curr, Taine Stephen Nirvana McLachlan, Clint Lindsay Richardt, Stephen John Coe and Sonny Nathan Innes while the workers were at work in the business or undertaking, namely floor levelling and sealing of the showroom floor at 266 Stafford Street, Timaru, did fail to comply with that duty.
It was reasonably practicable for Wilson Building Timaru Limited to have:
- Sought an Asbestos Management Plan from the building owner at any time.
- Ensured a competent person determine whether the downstairs vinyl flooring in 266 Stafford Street, Timaru contained asbestos, prior to removing it.
- Engaged a licensed Class A asbestos removalist to remove the asbestos in the downstairs vinyl flooring in 266 Stafford Street, Timaru.
- Effectively consulted and co-ordinated activities with other PCBUs involved in the work on site, concerning the presence and removal of asbestos.
Consequently, workers (for another PCBU, Armour Group) working in the building were then exposed to inhaling or ingesting an unknown quantity of highly friable Class A asbestos fibres over a period of four days.
The nature of the work done by the Armour Group workers in the building increased the risk of exposure.
Consequential loss - N/A
Costs - $7,825