Court Summary - at a glance

Date of offence:
3/04/2018
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$165,000.00

Safety lessons learned:
  1. Undertake an effective risk assessment to identify and manage the risks;
  2. Develop, implement, and monitor and review a safe system of work;
  3. Provide suitable personal protective equipment to workers;
  4. Ensure chemical tanks in the near vicinity of the work including the tank of caustic soda were covered; and
  5. Provide information, training, instruction and supervision to its workers

Defendant name:
Total Access Limited
 
Industry:
Building and construction
 
Date of offence:
3/04/2018
 
Facts in brief:
"The Defendant, Total Access Limited (TAL), was in the business of providing and constructing access equipment, including scaffolding. TAL was engaged by Perry Metal Protection Limited (PMPL), to assemble and disassemble scaffolding at its premises.

On 3 April 2018, the Victim, one of TAL’s workers, was disassembling scaffolding near tanks containing caustic soda solution at PMPL’s premises.

The Victim was not given an appropriate induction, taken through the hazards, nor given suitable PPE. While disassembling the scaffolding, the Victim’s hands were contaminated with the caustic soda solution, and he suffered chemical burns requiring surgery."
 
Offence section:
Sections 48(1) and 2(c), and 36(2) of the Health and Safety at Work Act 2015
 
Date(s) charged:
2/04/2019

Court:
Hamilton - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$165,000.00
 
Maximum fine available:
$1.5 million
 
Reparation:
$15,000.00 in emotional harm
$2,000 in consequential loss
$5,000 in costs
 
Related Documents:
PDF
Sentencing notes - WorkSafe New Zealand v Total Access Limited (PDF 1011 KB)
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