Court Summary - at a glance
Date of offence:
14 December 2020
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
$300,000 and then taking into account financial capacity - $25,000 at $5,000 over 5 years
Safety lessons learned:
It was reasonably practicable for Ironhide Roofing Limited to have:
- Developed, implemented and maintained an effective safe system of work for the work on the roof that was in accordance with industry guidance;
- Provided a safe work environment by ensuring workers could not access, or fall through, skylights, in accordance with industry guidance; and
- Being a PCBU having a duty to ensure, so far as was reasonably practicable, that no worker aged under 15 years carries out construction work, failed in that duty in that [victim] and [other young person] carried out work involved in a roof repair at aged 14 years.
Defendant name:
Ironhide Roofing Limited
Industry:
Building and construction
Date of offence:
14 December 2020
Facts in brief:
On 14 December 2020, the victim (who was 14 years old at the time) commenced work for the defendant as a general labourer. They were contracted to replace the old roofing. The victim was working up on the roof with the defendant’s son (also 14 years of age) along with a supervisor.
The two young workers followed the supervisor on the roof while carrying rolls of paper, when the victim fell 8 metres after falling through a skylight which had not been spraypainted indicating that he was walking over an old section of the roof. The victim sustained serious injuries that had impacted his ability to play sport at the level that he was used to.
The two young workers followed the supervisor on the roof while carrying rolls of paper, when the victim fell 8 metres after falling through a skylight which had not been spraypainted indicating that he was walking over an old section of the roof. The victim sustained serious injuries that had impacted his ability to play sport at the level that he was used to.
Offence section:
Section 36(1)(a), 36(3)(a), 36(3)(c), 48(1) and 48(2)(c) of the Health and Safety at Work Act 2015
Regulations 43(1)(b) and 43(3)(b) of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016
Regulations 43(1)(b) and 43(3)(b) of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016
Date(s) charged:
13 December 2021
Court:
Napier - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
$300,000 and then taking into account financial capacity - $25,000 at $5,000 over 5 years
Maximum fine available:
$1.5 million and $50,000
Reparation:
Emotional harm - $40,000
Consequential loss - defendant contributed to travel costs and accommodation costs
Costs - $6,000
Consequential loss - defendant contributed to travel costs and accommodation costs
Costs - $6,000
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