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Court Summary - at a glance

Date of offence:
7 April 2014
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$33,750

Safety lessons learned:

Ensure COPs are in place for particular environments e.g. confined spaces. Undertake a risk assessment of the working site and provide training to ensure specific hazard identification procedures.

Defendant name:
Gunac's Hawkes Bay (1994) Limited
 
Industry:
Agriculture
 
Date of offence:
7 April 2014
 
Facts in brief:
The Defendant is a waterproofing company based in the Hawke’s Bay. An employee of the company was instructed to attend a job at a local egg farm to resurface two grain silos. The main risk was toxicity of the product and the label states it should not be used within confined spaces. The employee was working alone without a rescue harness or the correct filters for toxic fumes in his respirator. The employee was found late in the day by an employee of the egg farm unresponsive in the grain silo.
 
Offence section:
S6 Health and Safety in Employment Act 1992
 
Date(s) charged:
7 October 2014

Court:
Hastings - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$33,750
 
Maximum fine available:
$250,000
 
Reparation:
$2,500