Court Summary - at a glance
Date of offence:
29 August 2014
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
$45,000
Safety lessons learned:
- Ensure that the work is planned so that workers were isolated from the hazard of a fall from height from the leading edge of the steel walkway;
- Ensure a group minimisation control is chosen (such as a crash deck or net), rather than an individual minimisation control (such as a harness);
- Ensure that any fall arrest system used was adequate and suitably installed so that it was safe to use;
- Ensure adequate induction, instruction and direction to workers;
- Ensure that the foreman/supervisors addressed unsafe practices by stopping work.
Defendant name:
Pegasus Engineering Limited
Industry:
Building and construction
Date of offence:
29 August 2014
Facts in brief:
The Defendant is a commercial structural steel fabricator and steel erector. The Defendant was contracted by another company to supply and erect steel for a construction project.
The victim was employed by an on-hire labour company as a welder. He was assigned to work for the Defendant erecting structural steel framework.
On the day of the incident, the victim was assisting other workers with some rigging work at height. The victim was wearing a fall restraint harness but had not attached it to a safety point. The victim fell four meters from the partly-constructed walkway to the ground below.
The victim suffered bilateral wrist fractures, left radial head fracture, bilateral epistaxis (acute haemorrhage from the nasal cavity), a cheek bone fracture and a chin laceration. He has reduced movement with tender bilateral wrists.
The victim was employed by an on-hire labour company as a welder. He was assigned to work for the Defendant erecting structural steel framework.
On the day of the incident, the victim was assisting other workers with some rigging work at height. The victim was wearing a fall restraint harness but had not attached it to a safety point. The victim fell four meters from the partly-constructed walkway to the ground below.
The victim suffered bilateral wrist fractures, left radial head fracture, bilateral epistaxis (acute haemorrhage from the nasal cavity), a cheek bone fracture and a chin laceration. He has reduced movement with tender bilateral wrists.
Related prosecutions:
Offence section:
Sections 18(1)(a) and 50(1)(a) of the Health and Safety in Employment Act 1992
Date(s) charged:
Court:
Christchurch - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
$45,000
Maximum fine available:
$250,000
Reparation:
$35,000
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