Court Summary - at a glance

Date of offence:
12 February 2017 and 17 to 21 February 2017
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$35,000

Safety lessons learned:
  1. To measure the total area of the material to be removed;
  2. To have treated the cladding as asbestos containing material until tested and confirmed not to be asbestos containing material;
  3. To have prepared an asbestos  removal plan;
  4. To have ensured that the asbestos containing material wasn’t unnecessarily broken to minimise the risk of asbestos fibres being released;
  5. To have sprayed the interior surface of the ACM with a PVA solution;
  6. To have ensured that decontamination facilities were available;
  7. To have engaged an independent competent person to carry out a clearance inspection; and
  8. To have provided health monitoring.

Defendant name:
John Carstairs Robertson
 
Industry:
Building and construction
 
Date of offence:
12 February 2017 and 17 to 21 February 2017
 
Facts in brief:
The defendant, John Carstairs Robertson, is a self-employed person that operates a renovation and asbestos removal business. The defendant was engaged to remove suspected asbestos contaminated material (cladding) from the exterior walls of a shed at the back of a property. The property borders three other residential properties. The defendant failed to notify WorkSafe of the asbestos removal, failed to wear appropriate safety clothing and equipment, the method of removal and containment of asbestos during the process should have had plastic sheeting and a protective tent and there was an issue of controlling people accessing the site. The defendant was charged with two section 36 offences and one regulation charge re failure to notify WorkSafe prior to commencing asbestos removal work.
 
Offence section:
Sections 48(1) and (2)(b) and 36(1)(a) of the Health and Safety at Work Act 2015;
Sections 48(1) and (2)(b) and 36(2) of the Health and Safety at Work Act 2015; and
Regulations 34(1) and 34(5)(a) of the Health and Safety at Work (Asbestos) Regulations 2016
 
Date(s) charged:

Court:
New Plymouth - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$35,000
 
Maximum fine available:
$300,000
 
Reparation:
$2,580.59 (remediation costs)
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