Company Fined After Contractor Falls Five Metres

MEDIA RELEASE
6 JUNE 2011
COMPANY FINED AFTER CONTRACTOR FALLS FIVE METRES

An Auckland-based company has been fined $55,000 after one of its contractors was seriously injured when he fell five metres from a ladder.

Waitakere Contractors Limited, a spouting manufacturer and installer, pleaded guilty to three charges under the Health and Safety in Employment Act 1992 and was also ordered to pay reparations of $30,000.

The Auckland District Court heard that the company hired two contractors to replace the spouting at a flat in Avondale. While measuring the side of the flat one of the contractors lost his footing on the ladder and fell five metres to the ground.

“This contractor is lucky to be alive. He fractured his skull, broke five ribs, his nose, his left eye socket and his wrist – as well as cracking his cheek bone and suffering severe internal bruising,” says the Department of Labour’s Northern Regional Manager, Claire Morris.

“Doing this type of work from a ladder is inherently unsafe, especially when having to measure, handle and attach lengths of spouting approximately 13.5 metres long,” Ms Morris says.

“The company should have supplied scaffolding or an elevated work platform to make sure the contractors could work safely.

“The company also failed to notify the Department about the accident for three days and when inspectors arrived at the site they found it had been interfered with and all the equipment had been removed – this is totally unacceptable,” Ms Morris says.

“This sentence serves as a stern reminder to companies to not only ensure their employees and contractors are safe at work, but that they must notify the Department of accidents as soon as possible and must not to tamper with the scene.”

ENDS

Note to Editor

• Waitakere Contractors Limited was convicted on three charges under Sections 18(1)(b), 25(3)(a) and 26(1) of the Health and Safety in Employment Act 1992.
Section 18(1)(b) of the Health and Safety in Employment Act 1992 states: Every principal shall take all practicable steps to ensure that—
(a) no employee of a contractor or subcontractor; and
(b) if an individual, no contractor or subcontractor,—
is harmed while doing any work (other than residential work) that the contractor was engaged to do.
Section 25(3)(a) of the Act states: If there occurs any serious harm or accident to which this subsection applies, the employer, self-employed person, or principal concerned must,—
(a) as soon as possible after the occurrence becomes known to the employer, self-employed person, or principal, notify the Secretary of the occurrence.
Section 26(1) of the Act states: Where a person is seriously harmed while at work, no person shall, unless authorised to do so by an inspector, remove or in any way interfere with or disturb any wreckage, article, or thing related to the incident except to the extent necessary—
(a) to save the life of, prevent harm to, or relieve the suffering of, any person; or
(b) to maintain the access of the general public to an essential service or utility; or
(c) to prevent serious damage to or serious loss of property.
• The Health and Safety in Employment Act 1992 is available online: http://legislation.govt.nz/act/public/1992/0096/latest/DLM278829.html
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