Yakka Contracting Limited

Building and construction

Between 20 April 2014 and 8 May 2014

The defendant company is a demolition and earth moving contractor with experience and expertise in asbestos removal.

On one occasion an employee of the defendant was observed on a demolition site at Bayfield Primary School. The employee was breaking large sheets of cladding into smaller pieces with a hammer and bagging up the asbestos for transport and disposal. The employee was wearing appropriate personal protection equipment, including a P2 respirator, at the time.

The employee intended to break the sections of cladding up with a view to ensuring that no sharp edges protruded out of or punctured the bags used for the transport and disposal of the asbestos material. His actions were not in accordance with the 1998 Asbestos Regulations and industry best practice guidelines, and were contrary to the defendant’s accepted methodology for the removal and bagging of asbestos containing materials on the site.

The breaking of the cladding material with a hammer had the potential for small quantities of asbestos fibres to be released into the surrounding environment.

Section 6 and 50(1)(a) of the Health and Safety in Employment Act 1992

31 October 2014

Auckland - District Court

Guilty

Convicted

$8,607

$250,000

Not applicable.