Court Summary - at a glance
Date of offence:
13 March 2009
Plea:
Guilty
Decision:
Convicted and fined
Final decision date:
Fine imposed:
Starting point fine for Scotty Doors was at $75,000. Final fine imposed at $41,250.
Safety lessons learned:
Being a person who supplied plant, namely a powered roller grille door, to another person to be used in a place of work, who agreed to install the plant, having a duty to take all practicable steps to install the plant so that it was safe for its intended use for workers, including Helen Verry, did fail to comply with that duty.
Particulars: It was practicable for Scotty Doors Limited to have:
- Ensured that adequate coach screws were used when installing the powered roller grille door and ensured that the powered roller grille door’s connections had sufficient load bearing capacity.
Defendant name:
Scotty Doors Limited (now trading as SDL Ltd)
Industry:
Building and construction
Date of offence:
13 March 2009
Facts in brief:
Scotty Doors is a manufacturer and supplier of specialist roller shutters, grilles, and folding closures. In 2008, the West City Christian Centre Trust (the Trust) engaged Skyward Construction Limited (Skyward), a construction business, to build an extension to its main auditorium.
On 19 February 2009 Skyward completed a purchase order for the supply of a further motorised roller grille door to be installed by Scotty Doors in the hospitality lounge of the extension.
On 13 March 2009 the motorised roller grille door for the hospitality lounge was installed by an unknown person from Scotty Doors. Scotty Doors failed to ensure that the appropriate type of fastener was used to secure the roller grille door. Further consideration should have been given to the type and length of screw being used, given the presence of the external plywood. The length of the coach screws at the non-motor end of the roller door failed to comply with the Building Code, due to the plywood
By December 2021 the roller door had begun to “slump” at the non-drive end as the fixing came away from the wall.
On 30 January 2022 the Trust held a service in its main auditorium. The victim (a worker of the Trust) tried to close the roller door using the hand chain, as the motor was not working. As she pulled down, the roller door fell and struck her. She died of her injuries.
On 19 February 2009 Skyward completed a purchase order for the supply of a further motorised roller grille door to be installed by Scotty Doors in the hospitality lounge of the extension.
On 13 March 2009 the motorised roller grille door for the hospitality lounge was installed by an unknown person from Scotty Doors. Scotty Doors failed to ensure that the appropriate type of fastener was used to secure the roller grille door. Further consideration should have been given to the type and length of screw being used, given the presence of the external plywood. The length of the coach screws at the non-motor end of the roller door failed to comply with the Building Code, due to the plywood
By December 2021 the roller door had begun to “slump” at the non-drive end as the fixing came away from the wall.
On 30 January 2022 the Trust held a service in its main auditorium. The victim (a worker of the Trust) tried to close the roller door using the hand chain, as the motor was not working. As she pulled down, the roller door fell and struck her. She died of her injuries.
Offence section:
Sections 18A(3) and 50(1)(a) of the Health and Safety in Employment Act 1992 (HSEA)
Date(s) charged:
28 July 2022
Court:
Waitakere - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted and fined
Fine imposed:
Starting point fine for Scotty Doors was at $75,000. Final fine imposed at $41,250.
Maximum fine available:
$250,000
Reparation:
Emotional harm – $145,000 ($130,000 to Mr Verry and $15,000 to 3 siblings who filed victim impact statements)
Consequential loss – $17,000 (funeral costs) awarded. ACC shortfall was not available. The Sentencing Act amendment allowing ACC shortfall as consequential loss was post the offending date.
Costs – Nil – No provision for costs under HSEA.
Consequential loss – $17,000 (funeral costs) awarded. ACC shortfall was not available. The Sentencing Act amendment allowing ACC shortfall as consequential loss was post the offending date.
Costs – Nil – No provision for costs under HSEA.
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