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Court Summary - at a glance
- Adequately identify the risks associated with the overhead powerlines, including the risks of electric shock and electrocution;
- Contracting and consulting with Counties Power about the risks associated with the overhead power lines and the steps required to eliminate, isolate or minimise these risks and to have taken any steps or requirements expected by Counties Power (such as obtaining a close approach permit);
- Ensure all work was carried out in compliance with the New Zealand Electrical Code of Practice for Electrical Safe Distances (ECP34).
The top of the platform of the scaffold was more than four metres high with overhead power lines approximately four to five metres above that. While dismantling the scaffolding, the victim was standing on the top platform. As he passed a six metre length of scaffolding pipe to another worker below, the scaffolding pipe inadvertently made contact with the 33kv overhead power lines and the scaffolding still surrounding the property. He suffered a significant electric shock and fell from the platform. He was caught by another worker before he hit the ground.
Charge 2: Sections 36(2), 28(1) and (2)(c) of the Health and Safety at Work Act 2015