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

 

Research: ‘Ageing Well’ Science Challenge Launched

Science and Innovation Minister Steven Joyce today launched the Ageing Well National Science Challenge, confirming initial funding of $14.6 million. More>>

ALSO:

Scoop Business: Govt Resisting Pressure To Pump More Cash Into Solid Energy

Prime Minister John Key says it is “not the government’s preferred option” to make a fresh capital injection into the troubled state-owned coal miner, Solid Energy, but dodged journalists’ questions at his weekly press conference on whether that might prove necessary... More>>

ALSO:

Lagest Ever Privacy Breach Award: NZCU Baywide Accepts “Severe” Censure In Cake Case

NZCU Baywide says that once it was found to have committed a breach of a former staff member’s privacy, it had attempted to resolve the matter... the censure and remedies for its actions taken almost three years ago are “severe” but accepted, and will hopefully draw a line under the matter. More>>

ALSO:

Scoop Business: PayPal Stops Processing Mega Payments; NZX Listing Still On

PayPal has ceased processing payments for Mega, the file storage and encryption firm looking to join the New Zealand stock market via a reverse listing of TRS Investments, amid claims it is not a legitimate cloud storage service. More>>

ALSO:

Housing Policy: Auckland Densification As Popular As Ebola, English Says

Finance Minister Bill English said calls by the Reserve Bank Governor for more densification in Auckland’s housing were “about as popular in parts of Auckland as Ebola” would be. More>>

ALSO:

Crown Accounts: NZ Government Deficit Smaller Than Expected In First Half

The New Zealand government's operating deficit was smaller than expected in the first six months of the financial year, as the consumption and corporate tax take rose ahead of forecast in December, having lagged estimates in previous months. More>>

ALSO:

Get More From Scoop

 
 
Standards New Zealand

Standards New Zealand
 
 
 
 
 
 
 
 
Business
Search Scoop  
 
 
Powered by Vodafone
NZ independent news