Court Summary - at a glance

Date of offence:
Between 13 June 2016 and 13 August 2016
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$180,000 plus a training order under s 158 of the Health and Safety at Work Act 2015

Safety lessons learned:
  1. Adequately design and plan the scaffold and installation process to ensure safety during construction and use;
  2. Ensure the scaffold is property constructed in accordance with industry standards and of sound material;
  3. Ensure the workers installing the scaffold are competent, or are supervised by someone who is competent to install the scaffold; and
  4. Inspect and certify that the scaffold is safe to use before handing it over to the scaffold user.

Defendant name:
Dong Xing Group Limited
 
Industry:
Building and construction
 
Date of offence:
Between 13 June 2016 and 13 August 2016
 
Facts in brief:
The Defendant installed three working platforms, which was used by a builder and painter to renovate a two-storey residential house. The scaffold was installed in such a way it created significant risks to the people who used it. In particular:

(a) The scaffold was in close proximity or touching a 230 volt live power line creating a risk of electrocution or serious injury from an electric shock;
(b) The scaffold was more than 300mm from the wall at the back of the house and there were no inside guardrails or alternative means of edge protection to protect people using the scaffold falling approximately 2m from the lowest working platform or 4m from the second working platform; and
(c) The scaffold was at risk of collapsing as a result of excessive corroding and/or pitting on the components, the poorly packed sole boards, and/or the base plates.
 
Offence section:
Sections 48(1) and 2(c), and 43(2)(b) of the Health and Safety at Work Act 2015
 
Date(s) charged:

Court:
North Shore - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$180,000 plus a training order under s 158 of the Health and Safety at Work Act 2015
 
Maximum fine available:
$1.5 million
 
Reparation:
N/A – no physical harm or property damage.
 
Related Documents:
PDF
Sentencing notes - WorkSafe New Zealand v Dong Xing Group Limited (PDF 1.3 MB)
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