Agility Building Solutions Limited

Court Summary - at a glance

Date of offence:
15 May 2017
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$285,000 (reduced to $150,000 due to financial capacity)

Safety lessons learned:

It was reasonably practicable for Agility Building Solutions to:

  1. Assemble the mobile scaffolding as per the supplier’s instructions printed on the side of the scaffolding;
  2. Check that it has been assembled correctly prior to using the scaffolding;
  3. Monitor the scaffolding while in use to ensure that it remains in a fit and proper state for use;
  4. Communicate, consult, co-operate and co-ordinate with contractors about what equipment is to be used on the site, who is supplying that equipment and whether that equipment is safe and fit for purpose.

Defendant name:
Agility Building Solutions Limited
 
Industry:
Building and construction
 
Date of offence:
15 May 2017
 
Facts in brief:
Contracted to undertake external painting as part of premises renovation. The victim was provided a mobile scaffold for this purpose, which was set up to work at two different heights (2m and 3m). However, the set up wasn’t complete with all necessary components and presented a risk of falling from a height. The victim went to move between the two platforms, and fell head first onto the concrete floor. The estimated height of the fall was 2m. The victim sustained serious injuries including skull, facial and rib fractures, perforated ear drum, subdural haemorrhaging and nerve damage. He also suffered major brain trauma. The victim was in hospital for nine days, attended rehabilitation, and resumed work (part-time) 18 months after the accident.
 
Offence section:
Sections 48(1) and 2(c), and 36(1)(a) of the Health and Safety at Work Act 2015
 
Date charged:

Court:
Christchurch - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$285,000 (reduced to $150,000 due to financial capacity)
 
Maximum fine available:
$1,500,000
 
Reparation:
$35,000 for emotional harm; and

$6,802.64 (ACC top-up) and $377.40 (reasonable incurred costs) = $7,108.04