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Court Summary - at a glance

Date of offence:
16 April 2018
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$75,000

Safety lessons learned:
  • Develop, implement, monitor, and review an effective safe system of work;
  • Consult, cooperate and coordinate activities with Canterbury Concrete Cutting NZ Limited regarding the risks relating to concrete cutting in the manhole;
  • Ensure an effective risk assessment/task analysis is carried out and appropriate controls were in place;
  • Ensure workers have a safe means of entering and exiting the manhole; 
  • Ensure that water is removed from the manhole before work commenced;
  • Ensure that effective emergency procedures are in place before work is undertaken.

Defendant name:
EDR Contracting Limited
 
Industry:
Building and construction
 
Date of offence:
16 April 2018
 
Facts in brief:
The Defendant is an earthworks, drainage and roading company. It was contracted to complete a storm water drainage and reticulation line as part of a road extension in Rangiora.

The Defendant contracted Canterbury Concrete Cutting NZ Ltd (Concut) to cut through a manhole to lay a storm water drain. The victim was a worker of Concut tasked with cutting through the manhole.

The victim was operating a saw inside a 2.5 metre concrete manhole at the Defendant’s site, cutting two holes on opposite sides of the manhole to fit 1200mm diameter piping for storm water drainage and reticulation. The victim slipped in the water at the bottom of the manhole, causing the saw to “kick out” which resulted in the amputation of three fingers on his right hand.
 
Offence section:
Sections 36(1)(a), and 48(1) and 2(c), of the Health and Safety at Work Act 2015
 
Date(s) charged:
12 April 2019

Court:
Christchurch - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$75,000
 
Maximum fine available:
$1.5 million
 
Reparation:
$11,600 – for emotional harm