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Court Summary - at a glance

Date of offence:
10 September 2015
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$22,500

Safety lessons learned:
  1. Fully reinstate a scaffold following its alteration to a lower level with all its essential parts, namely the missing sections of guardrail, prior to leaving the site; or
  2. Prior to leaving the site, inform the representative of the principal contractor on the site that altered scaffolding has not been fully reinstated.

Defendant name:
Marcel Robert Syron
 
Industry:
Building and construction
 
Date of offence:
10 September 2015
 
Facts in brief:
The Defendant is a self-employed builder. He was engaged by Priority One Construction 2012 Limited as a contractor to assist in the construction of a shed. Architectural Metalformers Limited (AML) was also engaged to install the roof and guttering for the shed.

The victim was an employee of AML. This was his first roofing job. The Defendant had altered the scaffolding by lowering the platform so that he could fit fascia boards. The Defendant was not instructed to reinstate the scaffold back to the original level. The victim was tasked with removing protective plastic from the roof sheets and was working on a steep section of the roof while it was raining. He slipped and fell approximately 4.5 m through a gap left in the scaffold by one of the missing sections of guardrail.

The victim suffered a dislocated right wrist and multiple fractures to his right arm and elbow.
 
 
Offence section:
Sections 17 and 50(1)(a) of the Health and Safety in Employment Act 1992
 
Date(s) charged:

Court:
Whangarei - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$22,500
 
Maximum fine available:
$250,000
 
Reparation:
$8,924 (total reparation order of $17,882.21 to be paid half by Mr Syron and Priority One Construction 2012 Limited)