Court Summary - at a glance

Date of offence:
21 April 2015
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$45,000

Safety lessons learned:
  1. Ensure steel plates covering floor penetrations are securely fixed to the floor (for example, using bolting);
  2. Ensure that warning signs are used to identify a potential fall or hazard;
  3. Use adequate risk assessment processes to verify the sealant and weight of the plate was sufficient to prevent a plate being lifted; and
  4. Communicate to other workers of a fall hazard where the hazard has not been isolated in accordance with health and safety plans.   

Defendant name:
Ebert Construction Limited
 
Industry:
Building and construction
 
Date of offence:
21 April 2015
 
Facts in brief:
The Defendant is a construction company providing design and construction services to a range of industries throughout New Zealand. It was engaged in the construction of a dairy manufacturing plant in Pokeno.

In February 2015 an employee of the Defendant installed a steel plate over an opening in the floor but did not bolt it down. Later in April 2015, the victim, also an employee of the Defendant, subsequently removed the plate while working and fell approximately 5 metres through the floor. He landed on the concrete floor of the floor below and was hospitalised for approximately 3 weeks as a result.

The victim suffered a head trauma injury, fractures and a number of superficial injuries to their upper body.
 
Offence section:
Sections 18A(3) and 51A of the Health and Safety in Employment Act 1992
 
Date(s) charged:

Court:
Manukau - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$45,000
 
Maximum fine available:
$250,000
 
Reparation:
$55,000
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