Court Summary - at a glance
Date of offence:
9 May 2022
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
A starting point of $1,800 was set, following discounts of 35%, a final fine of $1,100 was ordered
Safety lessons learned:
The defendant Lawrence Gannaway failed to ensure that all asbestos that was likely to be disturbed by the refurbishment is identified; and so far as reasonable practicable, that the asbestos was removed before the refurbishment was commenced.
Defendant name:
Lawrence Gannaway
Industry:
Building and construction
Date of offence:
9 May 2022
Facts in brief:
IEL were engaged to replace some flooring at 24 Malabar Crescent. They engaged Lawrence Gannaway, trading as Simply Flooring, as a subcontractor to remove and replace flooring.
On 21 June 2021 Mr. Gannaway was working at the home and uncovered some flooring he thought might be asbestos containing material. He alerted the homeowner and others working on the site, then he broke up some of the vinyl he suspected might be asbestos containing material and placed it in the back of his car. He disposed of it in a waste bin supplied by IEL which was not approved for asbestos.
IEL and Mr. Gannaway had not done any kind of asbestos survey prior to commencing the work at the house. The homeowner then organised asbestos testing, which was positive. An environmental clean up was then undertaken.
On 21 June 2021 Mr. Gannaway was working at the home and uncovered some flooring he thought might be asbestos containing material. He alerted the homeowner and others working on the site, then he broke up some of the vinyl he suspected might be asbestos containing material and placed it in the back of his car. He disposed of it in a waste bin supplied by IEL which was not approved for asbestos.
IEL and Mr. Gannaway had not done any kind of asbestos survey prior to commencing the work at the house. The homeowner then organised asbestos testing, which was positive. An environmental clean up was then undertaken.
Related prosecutions:
Offence section:
Regulation 26 of the Health and Safety at Work (Asbestos) Regulations 2016
Date(s) charged:
9 May 2022
Court:
Christchurch - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
A starting point of $1,800 was set, following discounts of 35%, a final fine of $1,100 was ordered
Maximum fine available:
$10,000
Reparation:
Costs - $130 of court costs to be paid by Gannaway
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