Employee Severely Injured and In Coma after Six Metre Fall

7 October 2011

Employee Severely Injured and In Coma after Six Metre Fall

A Wellington man and City Aerials Limited have today been fined a total of $29,750 after an employee suffered serious injuries and was left in a coma after falling six metres from a roof.

The Wellington District Court heard that the employee was installing a sky satellite dish in Titahi Bay on 26 July 2008, when he fell onto the courtyard. The employee sustained serious injuries and was in hospital for seven weeks.

Hugh Michael Wilson, trading as Marmic Installations, was the employer on site and was fined $5,000 and ordered to pay reparations of $10,000. He was responsible for the employee’s safety.

City Aerials Limited was the principal and was fined $24,750 and ordered to pay reparations of $10,000 for failing to take all practicable steps to ensure an employee of its contractor was not harmed.

“This employee suffered a fractured skull, two broken vertebrae in his neck, fractured jaw, broken eye socket and internal bleeding and severe bruising – he was also in a coma after the fall,” says the Department of Labour’s Wellington Service Manager, Dave Hulston.

“He has no recollection of what caused his fall – he was extremely lucky to survive.

“Our investigation shows that this accident could have been avoided if the employee was provided with and trained in the use of appropriate fall prevention equipment,” says Mr Hulston.

Notes

• Hugh Michael Wilson, trading as Marmic Installations was convicted on one charge under Section 6 of the Health and Safety in Employment Act 1992.

• Section 6 of the Health and Safety in Employment Act 1992 states: 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—
o (a) provide and maintain for employees a safe working environment; and
o (b) provide and maintain for employees while they are at work facilities for their safety and health; and
o (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
o (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
o (e) develop procedures for dealing with emergencies that may arise while employees are at work.

• City Aerials Limited was convicted on one charge under Sections 18(1)(a) of the Health and Safety in Employment Act 1992.

• Section 18(1)(a) of the Health and Safety in Employment Act 1992 states: Every principal shall take all practicable steps to ensure that—
o (a) no employee of a contractor or subcontractor;
,— is harmed while doing any work (other than residential work) that the contractor was engaged to do.

• The Health and Safety in Employment Act 1992 is available online: http://legislation.govt.nz/act/public/1992/0096/latest/DLM278829.html<

ENDS

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