Court Summary - at a glance
Date of offence:
17 October 2020
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
Starting point of $400,000, reduced to $60,000 due to financial incapacity
Safety lessons learned:
Being a PCBU having a duty to ensure, so far as is reasonably practicable, the health and safety of workers who work for the PCBU, including Seyedmohsen Nejadmousavi, while the workers were at work in the business or undertaking, namely while carrying out painting work on the roof of the junior block at Glen brae Primary School, did fail to comply with that duty, and that failure exposed workers to a risk of death or serious injury from a fall from height.
It was reasonably practicable for 360Group Limited to have:
- Carried out an adequate assessment of the roof to ensure appropriate controls were in place, for example a covering over the clear light and edge protection across the roof, prior to painting work commencing.
- Communicated information, instructions, and supervision requirements to the workers regarding the painting work to be carried out on the roof at the site.
Defendant name:
360Group Limited
Industry:
Building and construction
Date of offence:
17 October 2020
Facts in brief:
The victim, an employee of 360, who was a sub-contractor of Shakthi, sustained serious injuries including a fracture to his L1 vertebra after he fell through a clear light roof at a school site where he was carrying out painting work.
There was no edge protection or coverings to ensure the victim did not fall through the clear light roofing.
There was no edge protection or coverings to ensure the victim did not fall through the clear light roofing.
Related prosecutions:
Offence section:
Sections 36(1)(a) and 48(1) and (2)(c) of the Health and Safety at Work Act 2015
Date(s) charged:
13 October 2021
Court:
Auckland - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
Starting point of $400,000, reduced to $60,000 due to financial incapacity
Maximum fine available:
$1.5 million
Reparation:
Emotional harm - $40,000 to be split equally between the two defendants
Consequential loss - $17,625 (split with Shakthi Construction Limited)
Costs - $1,117.57
Consequential loss - $17,625 (split with Shakthi Construction Limited)
Costs - $1,117.57
Related Documents:
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