Court Summary - at a glance
Date of offence:
27/11/2017
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
None
Safety lessons learned:
- Adequately consult, co-operate and co-ordinate activities with other entities as to the identification, assessment and management of risks posed by the installation of the ladder and hatch;
- Enquire whether building consent had been obtained for the installation of the ladder and hatch before commencing work;
- Ensure that the ladder and hatch were installed by a competent worker or that the ladder and hatch were not used until inspected by a qualified engineer and deemed code compliant;
- Ensure that the ladder and hatch complied with the NZ Building Code D1 requirements including a minimum 750mm clearance from the rungs to any obstruction behind the climber; and
- Having installed the hatch vertically, identify, assess and manage the hazards associated with the obstructed accessway.
Defendant name:
String’s Attached Limited
Industry:
Building and construction
Date of offence:
27/11/2017
Facts in brief:
The defendant is an industrial rope access company and undertakes commercial property maintenance. It was engaged to repair the roof of a commercial building. As part of the repair process, it had installed a ladder and hatch to allow for internal access to the roof. The hatch was incorrectly installed, and as a result a beam ran though the ladder. The victim, while climbing the ladder, hit his head on the framing of the hatch and fell to the ground. He suffered neck and spinal injuries and is tetraplegic as a result of the incident.
Offence section:
Sections 36(1)(a) and 48(1) and (2)(c) of the Health and Safety at Work Act 2015
Date(s) charged:
15/11/2018
Court:
Manukau - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
None
Maximum fine available:
$1.5 million
Reparation:
$110,000 in emotional harm
$294,515 in consequential loss
$4,000.00 in costs
$294,515 in consequential loss
$4,000.00 in costs
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