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Court Summary - at a glance

Date of offence:
9 December 2019
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$49,500 (paid monthly over 5 years)

Safety lessons learned:
  • Ensure that containers used for hazardous substances on site were properly labelled and did not resemble containers used for food or beverages.

  • Provide adequate training, instruction and supervision to its workers in the safe handling and use of hazardous substances.

Defendant name:
Architectural Window Solutions Limited
 
Industry:
Building and construction
 
Date of offence:
9 December 2019
 
Facts in brief:
The defendant (AWSL) engaged sub-contractors to carry out remedial building work. The victim was a young child, whose mother was a resident of apartments serviced by AWSL.

On 9 December 2019 AWSL sent two workers to the mother’s apartment. They conducted remedial work in the morning while the family was out, and were gone by midday before the family returned.

Shortly after arriving home the victim entered the kitchen where her mother was, choking and vomiting. She was carrying a transparent liquid that appeared similar to water, which her mother noted smelled like turpentine.

At the hospital the victim was tended to and diagnosed with accidental solvent ingestion. She had ingested a solvent known as Glasscorp Solvent Cleaner 7803, which was inadvertently left behind in an unlabelled drink bottle by one of the workers that morning. She was released later that night.
 
Offence section:
Sections 36(2), and 49(1) Health and Safety at Work Act 2015.
 
Date(s) charged:
11 December 2020

Court:
Auckland - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$49,500 (paid monthly over 5 years)
 
Maximum fine available:
$1.5 million
 
Reparation:
Emotional harm - $10,000 (voluntary)
Costs - $1,823.58 in favour of prosecution (half of total cost)