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Court Summary - at a glance

Date of offence:
6 March 2018
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$15,000

Safety lessons learned:

Ensure adequate consultation, co-operation and co-ordination with other PCBUs regarding the removal of the safety netting. 

Defendant name:
Dominion Constructors Limited
 
Industry:
Building and construction
 
Date of offence:
6 March 2018
 
Facts in brief:
In 2017, the Defendant engaged Sharpeye Ltd (a glass manufacturer and installation company) to supply and install glass on the atrium roof at Miro Apartments in Mt Eden.

The Defendant arranged for safety netting to be installed (through engaging specialist contractors). Sharpeye commenced work on the atrium roof in mid to late November 2017.

On 1 March 2018, the Defendant directed its contractor to remove the safety netting from beneath one section of the atrium roof to allow other planned work to proceed on the atrium. At that time, there was at least one outstanding glass panel that had yet to be installed on that particular section of the atrium roof. The Defendant did not direct that the safety net be re-installed in that area. The Defendant did not communicate this change to Sharpeye.

On 6 March 2018, the victim was on the atrium roof trimming silicon from joints close to the missing section. He was wearing a harness but had not clipped on to the safety rope. He fell approximately 14 metres through the void left by the missing glass panel to the ground below. The victim suffered serious injuries, including fractures to his ribs, pelvis, both legs, vertebrae and collarbone. He underwent multiple surgeries due to the fragmented, severe and complex nature of his fractures.
 
Offence section:
Section 34(1) and (2) of the Health and Safety at Work Act 2015
 
Date(s) charged:

Court:
Auckland - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$15,000
 
Maximum fine available:
$100,000.00
 
Reparation:
Emotional harm: None ordered – voluntary reparation made of $10,000 prior to sentencing.
Consequential loss: N/A
Costs: $4,500