Court Summary - at a glance

Date of offence:
6 - 25 March 2014
 
Plea:
Guilty
 
Decision:
Convicted and discharged
 
Final decision date:
 
Fine imposed:
$0

Safety lessons learned:
  1. Ensure that materials are tested by an accredited laboratory before any work was undertaken.
  2. Identify asbestos on the hazard checklist.
  3. Putting controls in place to manage the hazard to ensure those employees and others were not exposed to asbestos.
  4. Ensuring that employees were trained in relation to asbestos, the risks and the requirements restricted work involving asbestos.
  5. Advise all affected parties e.g. homeowners, filter cleaning agents, and rubbish collectors of the risk the dust may contain asbestos.

Defendant name:
Pearce Flooring Limited
 
Industry:
Building and construction
 
Date of offence:
6 - 25 March 2014
 
Facts in brief:
The Defendant Company installs flooring. On 7 March 2014, two employees of the Defendant Company commenced work doing preparation work prior to the laying of new flooring material. In the course of the job another contractor alerted workers of the Defendant company to the risk of asbestos in the vinyl being removed by the Defendant’s workers. Subsequent test results confirmed the presence of asbestos in the vinyl. The vinyl was beneath old carpet. The Defendant had not conducted testing for asbestos prior commencing work on the property. Employees of the Defendant and other people (such as rubbish collectors, the family of the homeowners and a contractor cleaning vacuum cleaner filters) were potentially exposed to the risk asbestos fibres.
 
Offence section:
1. Section 15 of the Health and Safety in Employment Act 1992.
2. Regulation 5(2) of the Health and Safety in Employment (Asbestos) Regulations 1998.
3. Section 6 of the Health and Safety in Employment Act 1992
 
Date(s) charged:

Court:
Rotorua - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted and discharged
 
Fine imposed:
$0
 
Maximum fine available:
$250,000
 
Reparation:
$0
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