Video | Agriculture | Confidence | Economy | Energy | Employment | Finance | Media | Property | RBNZ | Science | SOEs | Tax | Technology | Telecoms | Tourism | Transport | Search

 


Roof fall costs house moving company

19 August 2013

Roof fall costs house moving company

The Housemovers (Rotorua) Limited has been fined $54,000 and has to pay the victim $40,000 after a worker was seriously injured when he fell from the icy roof of a school building he was moving in July 2012.

Judge Michael Behrens QC delivered a reserved sentencing decision last Thursday on two charges laid by the Ministry under section 6 and section 25(3)(a) of the Health and Safety in Employment Act 1992 for failing to take all practicable steps to ensure the safety of an employee while at work and failing to notify the Ministry of the incident as soon as the Defendant was aware of the serious harm accident. The company had pleaded guilty to both charges at an earlier hearing.

The victim fell four metres from the roof of the building while attempting to untangle telephone lines during the relocation of a school building. The company failed to identify the hazard of ice on the roof when dealing with tangled wires and failed to properly train its employee in the use of a safety harness and lanyard, including the use of safe anchor points. As a result of the fall, the victim sustained a broken tibia and fibula in his right leg.

Judge Behrens noted that the company had health and safety policies in place to deal with the circumstances of the incident, but said it was the company’s responsibility to have an employee in the position where he simply could not ignore the availability and use of safety equipment.

“It was an obvious hazard that had not been addressed by the defendant in any way. There was no specific training about health and safety when having to move in icy conditions. [The employee] should not have set foot on the roof,” he said.

In relation to the failing to notify the Ministry of the serious harm accident, Judge Behrens noted that the defendant company “simply did not carry out its responsibility under the Act”.

Section 6, Health and Safety in Employment Act 1992 – maximum fine $250,000
Employers to ensure safety of employees
Every employer shall take all practicable steps to ensure the safety of employees while at work; and in particular shall take all practicable steps to—

(a) provide and maintain for employees a safe working environment; and
(b) provide and maintain for employees while they are at work facilities for their safety and health; and
(c) ensure that plant used by any employee at work is so arranged, designed, made, and maintained that it is safe for the employee to use; and
(d) ensure that while at work employees are not exposed to hazards arising out of the arrangement, disposal, manipulation, organisation, processing, storage, transport, working, or use of things—
(i) in their place of work; or
(ii) near their place of work and under the employer's control; and
(e) develop procedures for dealing with emergencies that may arise while employees are at work.

Section 25, Recording and notification of accidents and serious harm
(3) 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; and

(b) within 7 days after the occurrence, or, if the occurrence is not known to the employer, self-employed person, or principal within that period, as soon as possible after it becomes known, give the Secretary written notice, in the prescribed manner, of the circumstances of the occurrence.

ENDS

© Scoop Media

 
 
 
 
 
Business Headlines | Sci-Tech Headlines

 

Power Outages, Roads Close: Easter Storm Moving Down Country

The NZ Transport Agency says storm conditions at the start of the Easter break are making driving hazardous in Auckland and Northland and it advises people extreme care is needed on the regions’ state highways and roads... More>>

ALSO:

Houses (& Tobacco) Lead Inflation: CPI Up 0.3% In March Quarter

The consumers price index (CPI) rose 0.3 percent in the March 2014 quarter, Statistics New Zealand said today. Higher tobacco and housing prices were partly countered by seasonally cheaper international air fares, vegetables, and package holidays. More>>

ALSO:

Notoriously Reliable Predictions: Budget To Show Rise In Full-Time Income To 2018: English

This year’s Budget will forecast wage increases through to 2018 amounting to a $10,500 a year increase in average full time earnings over six years to $62,200 a year, says Finance Minister Bill English in a speech urging voters not to “put all of this at risk” by changing the government. More>>

ALSO:

Prices Up, Volume Down: March NZ House Sales Drop 10% As Loan Curbs Bite

New Zealand house sales dropped 10 percent in March from a year earlier as the Reserve Bank’s restrictions on low-equity mortgages continue to weigh on sales of cheaper property. More>>

ALSO:

Scoop Business: Chorus To Appeal Copper Pricing Judgment

Chorus will appeal a High Court ruling upholding the Commerce Commission’s determination setting the regulated prices on the telecommunications network operator’s copper lines. More>>

ALSO:

Earlier:

Cars: Precautionary Recalls Announced For Toyota Vehicles

Toyota advises that a number of its New Zealand vehicles are affected by a series of precautionary global recalls. Toyota New Zealand General Manager Customer Services Spencer Morris stressed that the recalls are precautionary. More>>

ALSO:

'Gardening Club': Air Freight Cartel Nets Almost $12 Million In Penalties

The High Court in Auckland has today ordered Swiss company Kuehne + Nagel International AG to pay a penalty of $3.1 million plus costs for breaches of the Commerce Act. Kuehne + Nagel’s penalty brings the total penalties ordered in this case to $11.95 million ... More>>

ALSO:

Crown Accounts: Revenue Below Projections

Core Crown tax revenue has increased by $1.9 billion (or 5.0%) compared to the same time last year. However this was $1.1 billion less than expected and is reflected across most tax types, continuing the pattern of recent months. More>>

ALSO:

Get More From Scoop

 
 
Computer Power Plus
 
 
 
 
 
 
 
 
Business
Search Scoop  
 
 
Powered by Vodafone
NZ independent news