Court Summary - at a glance

Date of offence:
10 November 2013
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$63,000

Safety lessons learned:

Identify the hazard of drowning through training and safety auditing. To appropriately manage the hazard of drowning through correct levels of supervision identified from training. To have  in place, an emergency procedure to deal with situations where an employee has to leave the bathroom immediately.

Defendant name:
Idea Services Limited
 
Industry:
Health care and social assistance
 
Date of offence:
10 November 2013
 
Facts in brief:
The defendant company (Idea Services Limited) is the service delivery arm of IHC. It provides services throughout New Zealand to people with intellectual disabilities and their families. The defendant also provides respite care operating a respite home at the Palmerston North residence. The home caters for up to six children at a time. The victim was a service user and had attended the respite care services at the home since 2008. The victim had a profound intellectual disability, was a spastic quadriplegic, had cerebral palsy and also suffered from epilepsy. An employee of the home was bathing the victim, during which she left him to assist another employee with another person. The employee checked on the victim multiple times whilst she assisted the other employee. However, the victim was found by the employee to be submerged in the bath and drowned.
 
Offence section:
S15 Health and Safety in Employment Act 1992
 
Date(s) charged:

Court:
Palmerston North - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$63,000
 
Maximum fine available:
$250,000
 
Reparation:
$90,000
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