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Court Summary - at a glance

Date of offence:
Between 29 November 2017 and 5 December 2017
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$50,000.00

Safety lessons learned:
  1. Adequately identify the risks associated with the overhead powerlines;
  2. 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;
  3. Take any steps recommended by the applicable powerline owner to eliminate, isolate or minimise these risks;
  4. Ensure all work was carried out in compliance with the New Zealand Electrical Code of Practice for Electrical Safe Distances (ECP34);
  5. Ensure the scaffold was in compliance with the Good Practice Guidelines: Scaffolding in New Zealand; and
  6. Ensure the scaffold was inspected by a competent person before handing it over to the scaffold user.

Defendant name:
Atlas Scaffolding Timaru Limited
 
Industry:
Building and construction
 
Date of offence:
Between 29 November 2017 and 5 December 2017
 
Facts in brief:
The Defendant supplies and installs scaffolding.

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.
 
Offence section:
Charge one: sections 48(1) and 2(c), and 43(2)(b) of the Health and Safety at Work Act 2015
Charge two: sections 48(1) and 2(c), and 36(1)(a) of the Health and Safety at Work Act 2015
 
Date(s) charged:

Court:
Timaru - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$50,000.00
 
Maximum fine available:
$1.5 million
 
Reparation:
N/A