Court Summary - at a glance
Date of offence:
Between 15 March 2017 and 7 August 2018
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
$108,000.00
Safety lessons learned:
- Ensured there was no asbestos in the exterior wall cladding of the building by engaging a competent person to remove it prior to demolition.
- Consulted with Whiteridge Construction Limited and Greg Winn Contracting Limited regarding the asbestos in the exterior wall cladding of the building prior to demolition.
- Provided Whiteridge Construction Limited with a copy of the asbestos clearance certificate prior to demolition.
Defendant name:
Bays Boating Limited
Industry:
Retail
Date of offence:
Between 15 March 2017 and 7 August 2018
Facts in brief:
The defendant owns and operates its business in the sale and service of boats. On 16 March 2017, the defendant contacted a licensed asbestos removal company, to price the removal of asbestos from a building.
In May 2017, the defendant contracted a company to carry out redevelopment work which included demolishing a building. The defendant told the company it would be responsible for making enquires to get the asbestos removed from the building.
Around 13 June 2018, the defendant contacted the licensed asbestos removal company and asked them to remove the asbestos from the roof of the building only. The clearance certificate issued to the defendant stated the exterior walls have suspected asbestos.
The redevelopment company then returned to the site believing that all of the asbestos from the building had been removed.
They sub-contracted a demolition company to carry out the demolition of the building.
As the workers were not informed by the defendant that the remaining parts of the building contained asbestos, the building was not demolished in accordance with the Asbestos Regulations. The workers demolished the building without personal protective equipment, there were no controls in place to manage asbestos fibre release and the material was not disposed of in accordance with the Asbestos Regulations.
Following the demolition the gravel/soil pit area where the building had been was left exposed for a two month period.
In May 2017, the defendant contracted a company to carry out redevelopment work which included demolishing a building. The defendant told the company it would be responsible for making enquires to get the asbestos removed from the building.
Around 13 June 2018, the defendant contacted the licensed asbestos removal company and asked them to remove the asbestos from the roof of the building only. The clearance certificate issued to the defendant stated the exterior walls have suspected asbestos.
The redevelopment company then returned to the site believing that all of the asbestos from the building had been removed.
They sub-contracted a demolition company to carry out the demolition of the building.
As the workers were not informed by the defendant that the remaining parts of the building contained asbestos, the building was not demolished in accordance with the Asbestos Regulations. The workers demolished the building without personal protective equipment, there were no controls in place to manage asbestos fibre release and the material was not disposed of in accordance with the Asbestos Regulations.
Following the demolition the gravel/soil pit area where the building had been was left exposed for a two month period.
Offence section:
Sections 49(1) and 2(c), and 36(1)(a) of the Health and Safety at Work Act 2015
Date(s) charged:
27 August 2019
Court:
Nelson - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
$108,000.00
Maximum fine available:
$500,000.00
Reparation:
N/A
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