Court Summary - at a glance
Date of offence:
6 October 2020
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
The starting point for the fine was set at $370,000. Following discounts of 45%, the final fine was set at $166,500
Safety lessons learned:
Being a PCBU having a duty to ensure, so far as is reasonably practicable, the health and safety of workers who work for the PCBU, including Michael Brown, while the workers were at work in the business or undertaking, namely the use of a Kato Crane during construction work, did fail to comply with that duty, and that failure exposed workers to a risk of serious injury or death.
It was reasonably practicable for CLL Service and Solutions Limited to have:
- ensured an adequate lift plan was in place and complied with
- ensured it had adequate systems in place to effectively identify, manage, assess, and control the risks and hazards associated with fatigue.
Defendant name:
CLL Service and Solutions
Industry:
Building and construction
Date of offence:
6 October 2020
Facts in brief:
A Kato Crane that was being operated by an experienced crane operator tipped with him in it near other workers and landed on an oxygen tank and acetylene tank. The worker’s pre-existing back condition worsened as a result of the accident.
Offence section:
Sections 36(1)(a) and 48(1) and (2)(c) Health and Safety at Work Act 2015
Date(s) charged:
4 October 2021
Court:
Auckland - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
The starting point for the fine was set at $370,000. Following discounts of 45%, the final fine was set at $166,500
Maximum fine available:
$1.5 million
Reparation:
Emotional harm - $10,000
Consequential loss - $13,395
Costs - Legal costs of $2350.89. Investigation costs of $8365.
Consequential loss - $13,395
Costs - Legal costs of $2350.89. Investigation costs of $8365.
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