Court Summary - at a glance
Date of offence:
30 September 2019
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
$210,000
Safety lessons learned:
- Ensure that the risk of falling from height was properly identified in the Site Specific Safety Plan including completing a job safety analysis for working at heights and/or mobile scaffolding
- Ensure that the Site Specific Safety Plan was amended and a job safety analysis completed for the removal of the air conditioning units prior to the work commencing
- Ensure that appropriate equipment was used to remove the air conditioning units or that the task was postponed until the appropriate equipment was available; and
- Ensure that the equipment provided for working at height was fit for purpose and constructed by a competent person.
Defendant name:
Kerr Construction Whangārei Limited
Industry:
Building and construction
Date of offence:
30 September 2019
Facts in brief:
The victim was an employee of the defendant, a commercial construction company.
On 30 September 2019, the victim and another worker were removing ceiling air conditioning units using mobile scaffolding. While removing one particularly heavy unit, the unit suddenly released and contacted the scaffold as it fell, causing the victim to lose balance. The victim fell onto the concrete floor, hitting his head and losing consciousness.
He suffered multiple skull and chest fractures, as well as serious brain injury which has required on-going rehabilitation. He also suffered memory loss, and has no recollection of the incident.
On 30 September 2019, the victim and another worker were removing ceiling air conditioning units using mobile scaffolding. While removing one particularly heavy unit, the unit suddenly released and contacted the scaffold as it fell, causing the victim to lose balance. The victim fell onto the concrete floor, hitting his head and losing consciousness.
He suffered multiple skull and chest fractures, as well as serious brain injury which has required on-going rehabilitation. He also suffered memory loss, and has no recollection of the incident.
Offence section:
Sections 36(1)(a) and 48(1),and(2)(c) Health and Safety at Work Act 2015
Date(s) charged:
28 September 2020
Court:
Whangarei - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
$210,000
Maximum fine available:
$1.5 Million
Reparation:
Emotional harm - $30,000
Costs - $3,500
Costs - $3,500
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