Court Summary - at a glance
Date of offence:
21 June 2021
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
A starting point of $75,000 was set, following discounts of 30%, a final fine of $52,500 was ordered.
On appeal, this sum was reduced to $42,500 and discounts of 45% was given. The end fine was reduced to $23,375.
On appeal, this sum was reduced to $42,500 and discounts of 45% was given. The end fine was reduced to $23,375.
Safety lessons learned:
The defendant Inspired Enterprises Limited (IEL) failed to:
- Conduct and inspection prior to the refurbishment works to ensure any asbestos was identified and/or if reasonably practicable removed
- Ensure there was an asbestos management plan in place to appropriately manage any identified asbestos
- Ensure appropriate controls were in place to manage the risk of asbestos fibres to others working and/or continuing to reside at the above address.
Defendant name:
Inspired Enterprises Limited
Industry:
Building and construction
Date of offence:
21 June 2021
Facts in brief:
IEL were engaged to replace some flooring at 24 Malabar Cres. They engaged Lawrence Gannaway, trading as Simply Flooring, as a subcontractor to remove and replace flooring.
On 21 June 2021 Mr Gannaway was working at the home and uncovered some flooring he thought might be asbestos containing material. He alerted the homeowner and others working on the site, then he broke up some of the vinyl he suspected might be asbestos containing material and placed it in the back of his car. He disposed of it in a waste bin supplied by IEL which was not approved for asbestos.
IEL and Mr Gannaway had not done any kind of asbestos survey prior to commencing the work at the house. The homeowner then organised asbestos testing, which was positive. An environmental clean up was then undertaken.
On 21 June 2021 Mr Gannaway was working at the home and uncovered some flooring he thought might be asbestos containing material. He alerted the homeowner and others working on the site, then he broke up some of the vinyl he suspected might be asbestos containing material and placed it in the back of his car. He disposed of it in a waste bin supplied by IEL which was not approved for asbestos.
IEL and Mr Gannaway had not done any kind of asbestos survey prior to commencing the work at the house. The homeowner then organised asbestos testing, which was positive. An environmental clean up was then undertaken.
Related prosecutions:
Offence section:
Sections 49(1) and 49(2)(c)and 36(2) of the Health and Safety at Work Act 2015
Date(s) charged:
9 May 2022
Court:
Christchurch - High Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
A starting point of $75,000 was set, following discounts of 30%, a final fine of $52,500 was ordered.
On appeal, this sum was reduced to $42,500 and discounts of 45% was given. The end fine was reduced to $23,375.
On appeal, this sum was reduced to $42,500 and discounts of 45% was given. The end fine was reduced to $23,375.
Maximum fine available:
$1.5 million
Reparation:
Costs - WorkSafe legal costs of $1235.84 to be paid by IEL, plus court costs of $130 to be paid by each IEL and Gannaway
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