De Geest Construction Limited

Court Summary - at a glance

Date of offence:
11 December 2015
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$39,500

Safety lessons learned:
  • Ensure the hazard of a fall from height is managed in accordance with industry standards, in particular installing edge protection or using a guard-railed work platform to prevent workers from falling while working at height;
  • Use a harness with a short lanyard attached to a secured anchorage for short-duration work on a flat roof without edge protection; and
  • Discuss control measures for working at height with employees and document the approach to working at height safely including:
  • ensure access equipment such as ladders are maintained and safe for use in the workplace;
  • ensure ladders are effectively secured to prevent them from slipping or falling; and
  • monitor work at height to ensure that control measures in place are effective.

Defendant name:
De Geest Construction Limited
 
Industry:
Building and construction
 
Date of offence:
11 December 2015
 
Facts in brief:
The Defendant company is a small construction company which supplies prefabricated buildings and bathrooms, including Portacoms.

The victim is employed by the Defendant as a Carpenter/Foreman.

On the day of the incident, the victim was working on the roof of a Portacom. He was using an “A-frame” ladder in the extended position to access the roof. The ladder had worn feet. When the victim was climbing down from the roof using the ladder, it slipped and he fell nearly three metres onto a concrete floor.

The victim suffered a fractured arm and a dislocated shoulder.
 
Offence section:
Sections 6 and 50(1)(a) of the Health and Safety in Employment Act 1992
 
Date charged:

Court:
Oamaru - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$39,500
 
Maximum fine available:
$250,000
 
Reparation:
$15,000