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Court Summary - at a glance
- Adequately identify the risks associated with the overhead powerlines;
- Consult with the applicable powerline owner about the risks associated with the overhead powerlines and the steps required to eliminate, isolate or minimise the risks;
- Take any steps recommended by the applicable powerline owner to eliminate, isolate or minimise these risks;
- Ensure all work was carried out in compliance with the New Zealand Electrical Code of Practice for Electrical Safe Distances (ECP34);
- Ensure the scaffold was in compliance with the Good Practice Guidelines: Scaffolding in New Zealand; and
- Ensure the scaffold was inspected by a competent person before handing it over to the scaffold user.
The Defendant installed a scaffold in close proximity to a live, 230kV, overhead powerline exposing its workers to a risk of electric shock or electrocution.
The scaffold was then used by builders who were also placed at risk of electric shock or electrocution.
Charge two: sections 48(1) and 2(c), and 36(1)(a) of the Health and Safety at Work Act 2015