Court Summary - at a glance
Date of offence:
22 August 2017
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
$450,000
Safety lessons learned:
The defendant failed to:
- have and implement effective and appropriate systems to ensure the composition of hazardous waste received for disposal was identified and recorded;
- have and implement effective and appropriate systems to ensure a thorough risk assessment was undertaken which considered all risks posed by hazardous waste received at the Seaview Facility for disposal;
- have and implement effective and appropriate systems to ensure the safe use, handling, and storage of hazardous waste at the Seaview Facility;
- ensure appropriate monitoring was undertaken at the Seaview Facility in respect of the exposure of workers to the effects of hazardous substances and toxic gases;
- ensure that all workers had and used adequate personal protective equipment, given the risks posed to workers’ health and safety; and
- provide effective supervision, direction, training, and information to workers in order to respond safely when alarms are triggered by high concentrations of toxic gases.
Defendant name:
Waste Management Limited
Industry:
Major hazard facilities
Date of offence:
22 August 2017
Facts in brief:
On 22 August 2017 workers were processing hazardous substances for disposal at Waste Managements Seaview site. One of the substances included a sulphide solution. During the processing extremely large volumes of highly toxic hydrogen sulphide gas was released. A hydrogen sulphide alarm, located in the building where the workers were working, sounded. Work ceased, then resumed after the alarm stopped. This occurred five times throughout the day. The fifth time the alarm sounded, Mr Gideon collapsed. He was taken to hospital but died shortly thereafter as a result of hydrogen sulphide toxicity.
Offence section:
Sections 36(1)(a) and 48 of the Health and Safety at Work Act 2015
Date(s) charged:
21 August 2018
Court:
Wellington - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
$450,000
Maximum fine available:
$1.5 million
Reparation:
Emotional harm:
- $250,000 (to be distributed amongst the victims family, $150,000 of which has already been paid by the defendant in 2019).
- $10,000 payable to the victims co-worker.
Consequential loss - $100,000
- $250,000 (to be distributed amongst the victims family, $150,000 of which has already been paid by the defendant in 2019).
- $10,000 payable to the victims co-worker.
Consequential loss - $100,000
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