Dominion Constructors Limited

Building and construction

6 March 2018

In 2017, the Defendant engaged Sharpeye Ltd (a glass manufacturer and installation company) to supply and install glass on the atrium roof at Miro Apartments in Mt Eden.

The Defendant arranged for safety netting to be installed (through engaging specialist contractors). Sharpeye commenced work on the atrium roof in mid to late November 2017.

On 1 March 2018, the Defendant directed its contractor to remove the safety netting from beneath one section of the atrium roof to allow other planned work to proceed on the atrium. At that time, there was at least one outstanding glass panel that had yet to be installed on that particular section of the atrium roof. The Defendant did not direct that the safety net be re-installed in that area. The Defendant did not communicate this change to Sharpeye.

On 6 March 2018, the victim was on the atrium roof trimming silicon from joints close to the missing section. He was wearing a harness but had not clipped on to the safety rope. He fell approximately 14 metres through the void left by the missing glass panel to the ground below. The victim suffered serious injuries, including fractures to his ribs, pelvis, both legs, vertebrae and collarbone. He underwent multiple surgeries due to the fragmented, severe and complex nature of his fractures.

Section 34(1) and (2) of the Health and Safety at Work Act 2015

Auckland - District Court

Guilty

Convicted

$15,000

$100,000.00

Emotional harm: None ordered – voluntary reparation made of $10,000 prior to sentencing.
Consequential loss: N/A
Costs: $4,500