16 December 2020

WorkSafe is reminding businesses today that a failure to comply with WorkSafe notices can result in prosecution.

Hobson Construction Limited were sentenced at the Auckland District Court today and ordered to pay a fine of $180,000 for exposing workers to a risk of a fall from height relating to work at a residential construction site.

In July 2018 a WorkSafe Inspector visited the Millwater site for an assessment and noted a number of health and safety failings, relating to inadequate fall protection and work from height.

A prohibition notice was issued preventing any work on the second level of the building until adequate fall protection was installed.

Despite the notice prohibiting any work taking place, work continued while the prohibition notice remained in force.

WorkSafe’s Area Manager Danielle Henry said Hobson Construction Limited disregarded the prohibition notice on three occasions, and further enforcement action was taken.

“Prior to this incident the company had been issued six prohibition notices relating to unsafe work at multiple sites around Auckland, including two at this particular site. It is fair to say they were aware that health and safety obligations were not being met.

“In this instance, by not ensuring adequate fall protection was in place, the business was putting its workers at risk of a fall from height. There doesn’t need to be harm for WorkSafe to prosecute.

“Our message to all businesses today is that prohibition notices must be taken seriously. WorkSafe will consider taking further action against any business that fails to comply with these notices.”

Notes

• A fine of $180,000 was imposed.
• Hobson Construction Limited was sentenced under sections 36(1)(a), 48(1) and (2)(c) of the Health and Safety at Work Act 2015.
  • 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, while the workers were at work in the business or undertaking, namely building a dwelling house, did fail to comply with that duty and that failure exposed workers working from the second level top plate to a risk of death or serious injury, namely fall from a height.
• S 48(2)(c) carries a maximum penalty of $1,500,000.