Court Summary - at a glance

Date of offence:
15 October 2014
 
Plea:
No plea - found guilty on formal proof
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$120,000

Safety lessons learned:

Principals should ensure:

  1. that a group control is in place to prevent unauthorised removal when there is propping in place for precast concrete panels;
  2. enforcement and monitoring of site rules relating to warning signs for hazardous work; and
  3. that contractors coordinate effectively, including in the following ways:
    1. a system is in place to ensure safe removal when propping is in place for precast concrete panels; and
    2. consultation with other parties involved with the project to re-assess the risks when reinstalling concrete panels that had been previously installed incorrectly.

Defendant name:
Greta Construction Limited
 
Industry:
Building and construction
 
Date of offence:
15 October 2014
 
Facts in brief:
The defendant company was contracted by Hughes Partners Limited on a building project in Auckland to install propping around concrete panel work. The victim was a contracted by the defendant to provide labour. Another company was also contracted to complete the steel structure and provide welders.

On the day of the incident, the victim was instructed to remove wooden propping from underneath a concrete lintel weighing over 1000kg. The lintel was only partially secured by a tack weld and relied on the propping to keep it safely in place until a full weld could be completed. The lintel fell and landed on the victim. It also hit the base of a ladder on which a second victim was working.

The victim working on the ground suffered serious leg crush injuries including bone fractures and damage to multiple ligaments. The second victim fell and hit his head, losing consciousness.
 
Related prosecutions:
 
Offence section:
Section 18(1)(b) and 50(1)(a) of the Health and Safety in Employment Act
 
Date(s) charged:

Court:
North Shore - District Court
 
Plea:
No plea - found guilty on formal proof
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$120,000
 
Maximum fine available:
$250,000
 
Reparation:
$24,000 and $3,000
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