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Court Summary - at a glance

Date of offence:
29 October 2016
 
Plea:
Guilty
 
Decision:
Guilty
 
Final decision date:
 
Fine imposed:
$65,000

Safety lessons learned:
  1. Contract trained arborists.
  2. Identify the relevant hazards and risks.
  3. Stop and reassess the risk when the work plan changes.
  4. Ensure workers are trained and competent for the relevant work.
  5. Ensure there is a competent supervisor on site.
  6. Seek permission from the lines company and apply for a close approach consent.
  7. Use a wooden or nonconductive ladder suitable for tree work in close proximity to power lines.
  8. Do not use power tools close to power lines.
  9. Ensure workers use adequate personal protective equipment.

Defendant name:
Bradford John Dibble
 
Industry:
Energy
 
Date of offence:
29 October 2016
 
Facts in brief:
Despite being warned of the dangers, the Defendant undertook tree cutting work near electrical lines where safe working distances and other best practices were not adhered to. A worker cut a tree branch which fell onto powerlines and received an electric shock that was conducted through the branch of the tree, through the metal ladder he was standing on and into his right arm causing him to fall from to the ground and suffer serious injuries.
 
Offence section:
Sections 36(1)(a), 48(1) and (2)(a) of the Health and Safety at Work Act.
Section 163C Electricity Act 1992 and Regulation 17 Electricity (Safety) Regulations 2010
 
Date(s) charged:

Court:
Waitakere - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Guilty
 
Fine imposed:
$65,000
 
Maximum fine available:
$300,000 (HSWA charge)
$100,000 (Electricity Act and Regulations charge)
 
Reparation:
$20,000 - emotional harm
$73 (medical expenses)
$21,476