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Court Summary - at a glance

Date of offence:
25 June 2015
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$53,250

Safety lessons learned:
  1. Ensure that all hazards are identified;
  2. Ensure adequate communication of the hazards and safety controls to workers and visitors to a site;
  3. Ensure edge protection is installed for work at height;
  4. Ensure that safety nets are not used until a handover certificate has been provided;
  5. Ensure that scaffolding is not used until there is confirmation that it is safe;
  6. Ensure controls are in place to manage public access to a site (such as perimeter fencing, hazard identification board, site inductions and warning signs);
  7. Ensure employees’ exposure to hazards is monitored;
  8. Ensure loaned employees are competent to perform the work safely;
  9. Ensure visitors to a site are provided with suitable personal protective equipment; and
  10. Have adequate supervision of visitors on a site.

Defendant name:
Qing Hong Company Limited
 
Industry:
Building and construction
 
Date of offence:
25 June 2015
 
Facts in brief:
The Defendant is a residential construction company.

The victim is the father of an employee who was loaned to the defendant.

On the day of the incident, the victim was visiting a site managed by the defendant. The victim gained access to the incomplete roof area where he fell and suffered multiple injuries.

Investigation showed the site was in poor condition in terms of health and safety, in particular, the safety nets were distorted from being either loaded with construction material or walked on.
 
Offence section:
Section 15 and 50(1)(a) of the Health and Safety in Employment Act
 
Date(s) charged:

Court:
Manukau - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$53,250
 
Maximum fine available:
$250,000
 
Reparation:
Not applicable