Court Summary - at a glance
Date of offence:
23 November 2020
Plea:
Guilty
Decision:
Convicted and fined
Final decision date:
Fine imposed:
Starting point for defendant was set at $600,000. Following discounts the final fine was set at $330,000.
Safety lessons learned:
It was reasonably practicable for United Steel Limited to:
- Ensure that its ladder racks were effectively braced and fixed, so as to be stable when used for their intended purpose;
- Develop and implement an effective process of regular inspections of its racking systems, including routine in-house inspections to identify wear and damage which might compromise the structural integrity and stability of the racks, and annual inspections by a competent person to confirm the racks’ ongoing fitness for purpose and safe operation;
- Develop, implement and monitor a safe operating procedure for the use of the ladder racks, including in relation to the appropriate configuration of loads of steel stacked in the racks;
- Implement signage and markings on or near the ladder racks, identifying the correct usage of the racks, including demonstrating appropriate stacking configurations.
Defendant name:
United Steel Limited
Industry:
Manufacturing
Date of offence:
23 November 2020
Facts in brief:
The victim was sweeping within a series of racks, which were loaded with bundles of steel weighing approximately nine tonnes, when the rack collapsed. The victim sustained fatal injuries. The base section of the rack was neither bolted to the floor nor fixed to each other.
Offence section:
Sections 36(1)(a), 48(1) and 48(2)(c) of HSWA
Date(s) charged:
13 November 2021
Court:
Christchurch - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted and fined
Fine imposed:
Starting point for defendant was set at $600,000. Following discounts the final fine was set at $330,000.
Maximum fine available:
$1.5 million
Reparation:
Emotional harm – $100,000
Consequential loss – none
Costs – $17,507.39 ($8,422.39 legal and $9,085.31 investigation)
Consequential loss – none
Costs – $17,507.39 ($8,422.39 legal and $9,085.31 investigation)
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