Court Summary - at a glance

Date of offence:
29 March 2016
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$39,500

Safety lessons learned:

Ensuring that the hazard of a fall from height was appropriately managed by either:

  1. Installing edge protection. This is a passive group control which does not rely fully on active supervision; or
  2. Ensuring the use of an effective harness/fall restraint system, adequate training and supervision. This is an active individual control which requires a higher level of supervision and training.

Defendant name:
McKee Fehl Constructors Limited
 
Industry:
Building and construction
 
Date of offence:
29 March 2016
 
Facts in brief:
The defendant is a commercial construction company specialising in commercial refurbishment and seismic strengthening work.

The victim, an employee of an on-hire labour company, entered into a demolition zone while wearing a fall restraint harness without having their lanyard clipped onto the safety line system. The victim walked backwards while hosing down rubble and fell approximately 3.9m from the leading edge of the demolition zone.

The victim suffered a fractured wrist, spinal bruising and later it became apparent they also suffered significant head injuries which resulted in them being admitted to the ABI Rehabilitation Unit.
 
Offence section:
Sections 18(1)(a) and 50(1)(a) of the Health and Safety in Employment Act 1992
 
Date(s) charged:

Court:
Wellington - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$39,500
 
Maximum fine available:
$250,000
 
Reparation:
$58,421
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