WorkSafe New Zealand is reminding workplaces to ensure their workers are using their health and safety equipment correctly.

This comment follows the sentencing of McKee-Fehl Constructors Limited today in Wellington District Court.

WorkSafe prosecuted McKee-Fehl over the injury of a contractor at a Wellington demolition site on 29 March 2016. The worker fell 3.9 metres onto a concrete floor, resulting in significant head injuries.

WorkSafe’s investigation found that although workers were using a fall restraint harness system onsite, the supervision and training of the harness use was inadequate.

The incident draws attention to the difference between group controls and individual controls when mitigating risks.

“Individual controls, like a harness, only look after individuals and rely on active judgement by the user for them to work safely. Training, inspection and equipment maintenance are critical for these measures to be effective.” said WorkSafe Manager Technical Programmes and Support, Simon Humphries.

“The preferred approach is to apply group controls that isolate multiple workers from the risk of falling. The best work methods are those that don’t require any active judgement by the workers to keep themselves safe, such as edge protection or scaffolding”.

The WorkSafe investigation found that the company had failed to ensure that the hazard of a fall from height was appropriately managed.

McKee-Fehl took a number of remedial steps following the incident and prior to prosecution such as reinforcing that workers are to clip their lanyards on to a safety line and formally training a large number of workers in working at heights.

McKee-Fehl Constructors Limited was fined $39,500 and ordered to pay reparations to the victim of $58,421 in the Wellington District Court today.


  • The final fine imposed was $39,500.
  • The court ordered reparation of $58,421 to the victim.
  • The court supressed the name of the victim.
  • McKee-Fehl Constructors Limited was charged under sections 18(1)(a) and 50(1)(a) of the Health and Safety in Employment Act 1992. Being a principal, failed to take all practicable steps to ensure that no employee of a contractor was harmed while doing work that the contractor was engaged to do.
  • The maximum penalty under sections 18(1)(a) and 50(1)(a) of the Health and Safety in Employment Act 1992 is a fine not exceeding $250,000.

Media contact details

For more information you can contact our Media Team using our media request form. Alternatively, you can:

Phone: 021 823 007 or

Email: media@worksafe.govt.nz