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Court Summary - at a glance

Date of offence:
17 October 2020
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
Starting point of $400,000, reduced to $220,000 following discounts

Safety lessons learned:

Being a PCBU having a duty to ensure, so far as is reasonably practicable, the health and safety of workers who work for the PCBU, including Seyedmohsen Nejadmousavi, while the workers were at work in the business or undertaking, namely while carrying out painting work on the roof at Glenbrae Primary School, did fail to comply with that duty, and that failure exposed workers to a risk of death or serious injury from a fall from height.

It was reasonably practicable for Shakthi Construction Limited to have ensured appropriate controls, for example a covering over the clear light and edge protection across the roof, were in place to manage the risk of a fall through or from the roof.

Defendant name:
Shakthi Construction Limited
 
Industry:
Building and construction
 
Date of offence:
17 October 2020
 
Facts in brief:
The victim, an employee of 360, who was a sub-contractor of Shakthi, sustained serious injuries including a fracture to his L1 vertebra after he fell through a clear light roof at a school site where he was carrying out painting work.

There was no edge protection or coverings to ensure the victim did not fall through the clear light roofing.
 
Related prosecutions:
 
Offence section:
Sections 36(1)(a) and 48(1) and (2)(c) of the Health and Safety at Work Act 2015
 
Date(s) charged:
13 October 2021

Court:
Auckland - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
Starting point of $400,000, reduced to $220,000 following discounts
 
Maximum fine available:
$1.5 million
 
Reparation:
Emotional harm - $40,000 to be split equally between the two defendants
Consequential loss - $17,625 (split with 360Group)
Costs - $1249.04