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Court Summary - at a glance

Date of offence:
19 January 2015
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$26,000

Safety lessons learned:
  • Ensure a systematic method is implemented to effectively identify all hazards including existing and new hazards;
  • Ensure effective training is provided to employees to identify asbestos;
  • Ensure that an asbestos survey was conducted by a suitably qualified person prior to commencing demolition; and
  • In the event asbestos is identified, ensure an appropriate experienced person is engaged for the removal of that asbestos before any work commenced.

Defendant name:
Page title DKL Projects Limited
 
Industry:
Building and construction
 
Date of offence:
19 January 2015
 
Facts in brief:
The defendant company is in the business of earthworks/excavation and demolition.
The victim, an employee of the defendant, was observed by two health and safety inspectors using an excavator machine at a residential demolition site. Asbestos was not identified prior to demolition commencing.
A Prohibition Notice was issued to the principal of the site who then arranged an asbestos survey which found friable asbestos containing materials broken and spread on the site.
 
Offence section:
Sections 6 and 50(1)(a) of the Health and Safety in Employment Act 1992
 
Date charged:

Court:
North Shore - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$26,000
 
Maximum fine available:
$250,000
 
Reparation:
$3,000 in total ($1,000 already paid by employer)