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Court Summary - at a glance

Date of offence:
Between 24 October 2017 and 11 November 2017
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$30,000

Safety lessons learned:
  1. Adequately identify the risks associated with the overhead powerlines, including the risks of electric shock and electrocution;
  2. Contracting and consulting with Counties Power about the risks associated with the overhead power lines and the steps required to eliminate, isolate or minimise these risks and to have taken any steps or requirements expected by Counties Power (such as obtaining a close approach permit);
  3. Ensure all work was carried out in compliance with the New Zealand Electrical Code of Practice for Electrical Safe Distances (ECP34).

Defendant name:
QJB Roofing Limited
 
Industry:
Building and construction
 
Date of offence:
Between 24 October 2017 and 11 November 2017
 
Facts in brief:
QJB Roofing Limited were contracted to replace the roof of a residential home. They sub-contracted a scaffolder to provide both scaffolding and roof edge protection for QJB Roofing Limited’s workers to work on the roof. There were no discussions between QJB Roofing Limited and the scaffolder about overhead power lines.

The top of the platform of the scaffold was more than four metres high with overhead power lines approximately four to five metres above that. While dismantling the scaffolding, the victim was standing on the top platform. As he passed a six metre length of scaffolding pipe to another worker below, the scaffolding pipe inadvertently made contact with the 33kv overhead power lines and the scaffolding still surrounding the property. He suffered a significant electric shock and fell from the platform. He was caught by another worker before he hit the ground.
 
Related prosecutions:
 
Offence section:
Charge 1: Sections 36(1)(a), 48(1) and (2)(c) of the Health and Safety at Work Act 2015

Charge 2: Sections 36(2), 28(1) and (2)(c) of the Health and Safety at Work Act 2015
 
Date(s) charged:

Court:
Pukekohe - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$30,000
 
Maximum fine available:
$1.5 million
 
Reparation:
$500 to the homeowners – for emotional harm