Court Summary - at a glance

Date of offence:
18 July 2016
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$10,000

Safety lessons learned:
  1. Ensure that a competent person is engaged to remove asbestos before any demolition is commenced.
  2. An asbestos survey should be carried out prior to the work commencing to ensure that the risks associated with asbestos are managed as effectively as possible.

Defendant name:
Topham Holding Limited
 
Industry:
Building and construction
 
Date of offence:
18 July 2016
 
Facts in brief:
The case involved a failure to ensure asbestos was removed from a structure before demolition commenced.

The Defendant conducts sheep and cattle farming and a small amount of machinery repairs, maintenance and sales.

WorkSafe had visited the property in July 2015 as there was reason to believe asbestos may have been present.

On 18 July 2016 WorkSafe was informed by a member of public that demolition work was being undertaken at the property. WorkSafe had not been notified of any demolition work being undertaken at the property. The LIM Report also noted that the property contained asbestos however the Defendant still demolished the old chicken shed on the property.

WorkSafe’s subsequent investigation concluded that the defendant had not ensured that asbestos was removed before the demolition commenced.
 
Offence section:
21(3)(b) and 21(5)(b) of the Health and Safety at Work (Asbestos) Regulations 2016
 
Date(s) charged:

Court:
Timaru - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$10,000
 
Maximum fine available:
$50,000
 
Reparation:
Not applicable
 
Related Documents:

Sentencing notes on District Courts website. 

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