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Court Summary - at a glance

Date of offence:
16 April 2018
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$75,000 ($15,000 per annum over a five-year period)

Safety lessons learned:

In relation to the risk of workers suffering injury from operating a saw in a manhole, it was reasonably practicable for EDR Contracting Limited to have:

  • Developed, implemented, monitored and reviewed an effective safe system of work including having appropriate risk assessment, and emergency procedures;
  • Provided and maintained a work environment that is without risks to workers, including providing a safe means of entering and exiting the manhole, and removing the water from the manhole before work commenced.

Defendant name:
EDR Contracting Limited
 
Industry:
Building and construction
 
Date of offence:
16 April 2018
 
Facts in brief:
On 16 April 2018, the victim was sent to a job which involved cutting two holes on opposite sides of a manhole cover so that piping for storm water drainage and reticulation could be fitted. The victim entered the manhole and reported that there was ankle deep water there.

He initially began cutting using a petrol-powered concrete saw, and after the initial cut he used a hydraulic concrete saw to complete the entire cut. He pushed in and his foot slipped on the ground. That led to a change in the angle of the blade and caused it to kick out, amputating three fingers on the victim’s right hand.
 
 
Offence section:
Sections 48(1), 48(2)(c), and 36(1)(a) Health and Safety at Work 2015.
 
Date(s) charged:
12 April 2019

Court:
Christchurch - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$75,000 ($15,000 per annum over a five-year period)
 
Maximum fine available:
$1.5 million
 
Reparation:
$11,600 in emotional harm
$2,369.93 (costs) in favour of the prosecution