Court Summary - at a glance

Date of offence:
19 April 2023
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$325,000 reduced to $40,000 taking into account the financial incapacity of the defendant.

Safety lessons learned:

The defendant failed to ensure the provision and maintenance of an effective safe system of work for working on the roof which:

  1. included an effective risk assessment of the work, including risk presented by working in wet weather conditions on a new iron roof;
  2. ensured work was not done on the roof beyond the access scaffold until appropriate controls were in place, for example effective edge protection or a harness system; and
  3. included provision of effective and consistent training and supervision that was necessary to protect workers from a fall from height.

Defendant name:
Prowash Wellington Limited
 
Industry:
Building and construction
 
Date of offence:
19 April 2023
 
Facts in brief:
On 19 April 2023, a worker, Mr Joshua Bowles, sustained multiple significant and life changing injuries when carrying out cleaning product testing on a new iron roof in wet weather conditions. Mr Bowles fell approximately six metres from the roof onto the ground below. He was taken by ambulance to Wellington hospital and admitted to the intensive care unit.

His injuries included but were not limited to trauma to the brain; fractures to his skull, facial bone, rib, neck, and femur; and a dental injury.
 
Offence section:
Sections 36(1)(a)and 48(1) and 48(2)(c) of Health and Safety at Work Act 2015
 
Date(s) charged:
12 April 2024

Court:
Wellington - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$325,000 reduced to $40,000 taking into account the financial incapacity of the defendant.
 
Maximum fine available:
$1.5 million
 
Reparation:
Emotional harm – $60,000
Consequential loss – $17,456
Costs – $1,490.24 (50% of legal costs); $7,038.69 (accountant's costs)