Court Summary - at a glance

Date of offence:
16/04/2018
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$229,921.00

Safety lessons learned:
  1. Consult, co-operate with and co-ordinate activities with EDR Contracting Limited regarding the risks relating to concrete cutting in a manhole.
  2. Carry out an appropriate risk assessment to identify risks to workers.
  3. Ensure workers complete a task analysis.
  4. Identify safe methods and controls for cutting concrete inside a manhole.
  5. Ensure workers have a safe means of entering and exiting a manhole.
  6. Ensure that effective emergency procedures are in place before work is undertaken.

Defendant name:
Canterbury Concrete Cutting NZ Limited
 
Industry:
Building and construction
 
Date of offence:
16/04/2018
 
Facts in brief:
On 16 April 2018, the victim was sent to a job which involved cutting two holes on opposite sides of a manhole cover so that piping for storm water drainage and reticulation could be fitted. The victim entered the manhole and reported that there was ankle deep water there. He initially began cutting using a petrol powered concrete saw, and after the initial cut he used a hydraulic concrete saw to complete the entire cut. He pushed in and his foot slipped on the ground. That led to a change in the angle of the blade and caused it to kick out, amputating three fingers on the victim’s right hand.
 
Offence section:
Sections 48(1), 48(2)(c), and 36(1)(a) of the Health and Safety at Work Act 2015
 
Date(s) charged:
12-Apr-19

Court:
Christchurch - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$229,921.00
 
Maximum fine available:
$1.5 million
 
Reparation:
$23,400 ($35,000 total, with the defendant, Concut, paying 2/3).
$1,433.16 in costs
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