Court Summary - at a glance

Date of offence:
Between 30 April 2017 and 19 May 2017
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$60,000.00

Safety lessons learned:
  1. Ensure the structural integrity of the scaffold; and
  2. Implement an effective system to adequately monitor its workers’ inspections, alterations and repairs of the scaffold.

Defendant name:
Tower Scaffolding Group Ltd
 
Industry:
Building and construction
 
Date of offence:
Between 30 April 2017 and 19 May 2017
 
Facts in brief:
On 18 May 2017, a 26m long and 8.5m high scaffold the Defendant had installed came away from an apartment building under construction and fell against the side hoarding, adjacent tree, and Council street lighting. No one was working on or adjacent to the scaffolding at the time it collapsed.

WorkSafe’s investigation established that the scaffold was deficient in the following material ways:

(a) The bracing was inadequate and did not comply with the manufacturer’s instructions or the Good Practice Guidelines: Scaffolding in New Zealand;
(b) The number of ties used was inadequate to stabilise the structure given its size, nature and the construction of the scaffold;
(c) The ties were applied in locations that would not afford optimum stability of the scaffold;
(d) The ties were not of the recommended configuration; and
(e) Additional ties and bracing should have been installed to take account of the additional dead lead created by the screening on the scaffold.
 
Offence section:
Sections 48(1) and 2(c), and 36(2) of the Health and Safety at Work Act 2015
 
Date(s) charged:

Court:
Auckland - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$60,000.00
 
Maximum fine available:
$1.5 million
 
Reparation:
N/A
 
Related Documents:
PDF
Sentencing notes - WorkSafe New Zealand v Tower Scaffolding Group Limited (PDF 1.2 MB)
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