Yakka Contracting Limited

Court Summary - at a glance

Date of offence:
Between 20 April 2014 and 8 May 2014
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$8,607

Safety lessons learned:

Ensure that employees are adequately trained and supervised until competent so that they do not break down larger sheets of asbestos cladding into smaller pieces.

Defendant name:
Yakka Contracting Limited
 
Industry:
Building and construction
 
Date of offence:
Between 20 April 2014 and 8 May 2014
 
Facts in brief:
The defendant company is a demolition and earth moving contractor with experience and expertise in asbestos removal.

On one occasion an employee of the defendant was observed on a demolition site at Bayfield Primary School. The employee was breaking large sheets of cladding into smaller pieces with a hammer and bagging up the asbestos for transport and disposal. The employee was wearing appropriate personal protection equipment, including a P2 respirator, at the time.

The employee intended to break the sections of cladding up with a view to ensuring that no sharp edges protruded out of or punctured the bags used for the transport and disposal of the asbestos material. His actions were not in accordance with the 1998 Asbestos Regulations and industry best practice guidelines, and were contrary to the defendant’s accepted methodology for the removal and bagging of asbestos containing materials on the site.

The breaking of the cladding material with a hammer had the potential for small quantities of asbestos fibres to be released into the surrounding environment.
 
Offence section:
Section 6 and 50(1)(a) of the Health and Safety in Employment Act 1992
 
Date charged:

Court:
Auckland - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$8,607
 
Maximum fine available:
$250,000
 
Reparation:
Not applicable.