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Court Summary - at a glance

Date of offence:
24 May 2017
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$247,500

Safety lessons learned:
  1. Ensured that an adequate risk assessment was carried out prior to the removal of the X-Ray machine.
  2. Ensured that the PCBU had sufficient information about the machine before work began to remove the x-ray machine (or refused to carry out the work).
  3. Ensured the work to remove the X-Ray machine was carried out in a safe way.

Defendant name:
Fire & Mech Contracting Limited
 
Industry:
Manufacturing
 
Date of offence:
24 May 2017
 
Facts in brief:
The SDHB engaged the victim’s company to remove an X-Ray machine in the Dunedin Hospital, and the victim’s company then sub-contracted the removal to Fire & Mech Contracting Limited (Second Defendant).

On 24 May 2017, a Fire & Mech engineer asked for the victim’s assistance in cutting wire ropes to remove the X-Ray machine. The victim cut a second wire rope attached to the machine, which caused a spring-loaded plate to crush his forearm. The victim suffered fractured radius and ulna bones and extensive nerve, tendon and muscle damage.
 
Related prosecutions:
 
Offence section:
Sections 36(1)(a), 48(1) and 2(c) of the Health and Safety at Work Act 2015
 
Date charged:

Court:
Dunedin - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$247,500
 
Maximum fine available:
$1,500,000
 
Reparation:
$25,000 for emotional harm - already paid prior to hearing and halved with 1st Defendant, Southern District Health Board