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.
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)
Costs - $1,823.58 in favour of prosecution (half of total cost)
Related Documents:
Last updated