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Court Summary - at a glance

Date of offence:
24 May 2017
 
Plea:
Guilty
 
Decision:
Convicted

Note: the decision was released on 11 April 2019.
 
Final decision date:
 
Fine imposed:
$225,000

Safety lessons learned:
  1. Ensured that a comprehensive risk assessment was carried out prior to work on the x-ray machine commencing;
  2. Ensured that the manufacturer’s manual for the X-Ray machine was provided as part of its tender process.
  3. Ensured that suitably qualified and competent persons undertook the work.

Defendant name:
Southern District Health Board
 
Industry:
Health care and social assistance
 
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

Note: the decision was released on 11 April 2019.
 
Fine imposed:
$225,000
 
Maximum fine available:
$1,500,000
 
Reparation:
$25,000 for emotional harm - already paid prior to hearing and halved with 2nd Defendant, Fire & Mech Contracting Limited