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Court Summary - at a glance
- 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.
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.