Court Summary - at a glance
Date of offence:
15 August 2013
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
$40,000
Safety lessons learned:
Test the textured ceilings, as soon as practicable i.e. when they are first identified, for asbestos.
Defendant name:
Peter John Page
Industry:
Building and construction
Date of offence:
15 August 2013
Facts in brief:
The Defendant is the manager of a business he runs called Apartment Renovation Company. He was contracted to undertake the painting and renovation work at a block of units in Auckland. He subcontracted up to 15 workers including painters, electricians and plumbers to work on the site.
Within the block of units, 8 had textured ceilings and the subcontractors become concerned that the ceilings may contain asbestos. One subcontractor asked the Defendant whether or not the ceilings had contained asbestos. The Defendant had told the subcontractor that they had tested negative for asbestos.
The subcontractor had continued concerns and opted to have a patch tested for asbestos by Dodwell & Associates. The results confirmed the presence of asbestos. WorkSafe was notified of the possible breach of the Defendant’s legal obligations on 14 November 2013.
Within the block of units, 8 had textured ceilings and the subcontractors become concerned that the ceilings may contain asbestos. One subcontractor asked the Defendant whether or not the ceilings had contained asbestos. The Defendant had told the subcontractor that they had tested negative for asbestos.
The subcontractor had continued concerns and opted to have a patch tested for asbestos by Dodwell & Associates. The results confirmed the presence of asbestos. WorkSafe was notified of the possible breach of the Defendant’s legal obligations on 14 November 2013.
Offence section:
Regulation 5 of the Health and Safety Regulations (Asbestos) 1998
Date(s) charged:
Court:
Auckland - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
$40,000
Maximum fine available:
$250,000
Reparation:
$0
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