Court Summary - at a glance
Date of offence:
Between 1 July 2017 and 8 September 2017
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
$50,000.00
Safety lessons learned:
It was reasonably practicable for McManus Hotel Limited to:
- Follow an adequate contracting process that identified the risks associated with the demolition and ensured the contractor was competent to undertake the work prior to the work commencing;
- Ensured a systematic asbestos survey was carried out prior to the work commencing;
- Developed an adequate demolition plan prior to the work commencing;
- Ensured the excavator provided to the contractor was fit for purpose.
Defendant name:
McManus Hotel Limited
Industry:
Hospitality
Date of offence:
Between 1 July 2017 and 8 September 2017
Facts in brief:
"The Defendant purchased Larsons Hotel with the intention of demolishing the old two-storey building and developing the site. The Defendant engaged a sole trader operating as Dig In Contracting to carry out the demolition but did not conduct any pre-qualification check before engaging him to do the work, did not ensure a systematic asbestos survey was carried out prior to demolition work commencing and did not have a demolition plan in place.
Demolition began sometime in July/August 2017. On 6 September 2017, a member of the public raised concerns with WorkSafe about unsafe demolition practices at the site. WorkSafe issued a non-disturbance notice to the Defendant on 8 September 2017. An asbestos sample was carried out on 13 September 2017, which confirmed the presence of asbestos. WorkSafe’s investigation found that the Defendant had exposed workers to the risk of death or serious illness from the exposure to asbestos and to a risk of death or serious injury from being bit by falling objects. "
Demolition began sometime in July/August 2017. On 6 September 2017, a member of the public raised concerns with WorkSafe about unsafe demolition practices at the site. WorkSafe issued a non-disturbance notice to the Defendant on 8 September 2017. An asbestos sample was carried out on 13 September 2017, which confirmed the presence of asbestos. WorkSafe’s investigation found that the Defendant had exposed workers to the risk of death or serious illness from the exposure to asbestos and to a risk of death or serious injury from being bit by falling objects. "
Offence section:
Two charges under sections 36(1)(a), 48(1) and 48(2)(c) of the Health and Safety at Work Act 2015
Date(s) charged:
3-Sep-18
Court:
Westport - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
$50,000.00
Maximum fine available:
$1.5 million
Related Documents:
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