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Court Summary - at a glance

Date of offence:
Between 17 July 2016 and 19 January 2017
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$318,750

Safety lessons learned:
  1. Ensure a risk assessment was undertaken prior to work commencing;
  2. Implement controls to manage the risk of exposure to asbestos;
  3. Monitor the control measures to ensure effectiveness;
  4. Ensure a safe system of work was in place for the task of demolition;
  5. Train workers to recognise potential ACM;
  6. Ensure appropriate personal protection equipment (“PPE”), including respiratory masks, was provided and worn by workers;
  7. Consult with other PCBUs about potential hazards/risks;
  8. Communicate and liaise with other PCBUS regarding any action they may have taken in respect of identifying asbestos;
  9. Undertake a thorough inspection of the building site to identify asbestos or ACM;
  10. Prepare a written asbestos removal plan, and monitor compliance with a written plan;
  11. Obtain a Clearance Certificate for the site after removing the textured ceiling;
  12. Formally train its workers in the fitting of their asbestos-related PPE;
  13. Provide its workers with the appropriate information and health monitoring in relation to asbestos.

Defendant name:
Crafar Crouch Construction Limited
 
Industry:
Building and construction
 
Date of offence:
Between 17 July 2016 and 19 January 2017
 
Facts in brief:
The Defendant demolished two buildings at Budge Street and Queen Street, which were later found by WorkSafe to be contaminated to varying degrees with asbestos and asbestos containing material.
 
Offence section:
- Sections 36(1)(a), 48(1) and (2)(c) of the Health and Safety at Work Act 2015 (Budge Street)
- Regulations 20(2) and (6)(b) of the Health and Safety at Work (Asbestos) Regulations 2016 (Budge Street)
- Sections 36(1)(a), 48(1) and (2)(c) of the Health and Safety at Work Act 2015 (Queen Street)
 
Date(s) charged:
31 July 2017 (Budge Street)
7 August 2017 (Queen Street)

Court:
Blenheim - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$318,750
 
Maximum fine available:
$1.5 million per charge under the Health and Safety at Work Act 2015
 
Reparation:
$0 (reparation of $4,000, $3,000 $1,500, $1,500 and $1,000 already paid to five workers)
$0 consequential loss
$5,428.17 and $3,615.21 investigation costs