Court Summary - at a glance
Date of offence:
17 February 2021
Plea:
Guilty
Decision:
Charge 1: Convicted
Charge 2: Convicted and discharged
Charge 2: Convicted and discharged
Final decision date:
Fine imposed:
The starting point for the fine was set at $500,000. Discounts for early guilty plea (25%), reparation (5%), remorse (5%), previous good safety record, no previous history, cooperation (10%). The end point for the fine was set at $275,000.
Safety lessons learned:
The defendant failed to:
- develop, implement and maintain a safe system of work for the trench excavation work;
- provide and maintained a work environment that was safe, in accordance with industry standards, and
- provide all information, training, instruction and supervision necessary to protect workers from the risk of a trench collapse.
The defendant also failed to lodge notice that it intended to commence notifiable work, or any work that would at any time include any notifiable work, namely work in a trench in which any person is required to work in a space more than 1.5 metres deep and having a depth greater that the horizontal width at the top.
Defendant name:
R & L Drainage Limited
Industry:
Building and construction
Date of offence:
17 February 2021
Facts in brief:
The victim was seriously injured when a trench he was working collapsed and engulfed him. The trench was shallow at one end and progressively got deeper as it extended into the hill slope in that it reached 3m in depth.
Offence section:
Charge 1: Sections 36(1)(a) and 48(1) of the Health and Safety at Work Act 2015
Charge 2: Regulation 26(2) of the Health and Safety in Employment Regulations 1995
Charge 2: Regulation 26(2) of the Health and Safety in Employment Regulations 1995
Date(s) charged:
14 January 2022
Court:
Hamilton - District Court
Plea:
Guilty
Final decision date:
Decision:
Charge 1: Convicted
Charge 2: Convicted and discharged
Charge 2: Convicted and discharged
Fine imposed:
The starting point for the fine was set at $500,000. Discounts for early guilty plea (25%), reparation (5%), remorse (5%), previous good safety record, no previous history, cooperation (10%). The end point for the fine was set at $275,000.
Maximum fine available:
$1.5 million
Reparation:
Emotional harm – $45,000
Consequential loss – $1,496
Legal costs – $6,240.59
Consequential loss – $1,496
Legal costs – $6,240.59
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