Court Summary - at a glance
Date of offence:
19 January 2015
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
$26,000
Safety lessons learned:
- Ensure a systematic method is implemented to effectively identify all hazards including existing and new hazards;
- Ensure effective training is provided to employees to identify asbestos;
- Ensure that an asbestos survey was conducted by a suitably qualified person prior to commencing demolition; and
- In the event asbestos is identified, ensure an appropriate experienced person is engaged for the removal of that asbestos before any work commenced.
Defendant name:
Page title DKL Projects Limited
Industry:
Building and construction
Date of offence:
19 January 2015
Facts in brief:
The defendant company is in the business of earthworks/excavation and demolition.
The victim, an employee of the defendant, was observed by two health and safety inspectors using an excavator machine at a residential demolition site. Asbestos was not identified prior to demolition commencing.
A Prohibition Notice was issued to the principal of the site who then arranged an asbestos survey which found friable asbestos containing materials broken and spread on the site.
The victim, an employee of the defendant, was observed by two health and safety inspectors using an excavator machine at a residential demolition site. Asbestos was not identified prior to demolition commencing.
A Prohibition Notice was issued to the principal of the site who then arranged an asbestos survey which found friable asbestos containing materials broken and spread on the site.
Offence section:
Sections 6 and 50(1)(a) of the Health and Safety in Employment Act 1992
Date(s) charged:
Court:
North Shore - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
$26,000
Maximum fine available:
$250,000
Reparation:
$3,000 in total ($1,000 already paid by employer)
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