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:
- Installing edge protection. This is a passive group control which does not rely fully on active supervision; or
- 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.
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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