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Safeguard OSH Solutions - Thomson Reuters

Safeguard OSH Solutions - Thomson Reuters



OSH Tracker

Department of Labour v Holdsworth Group Ltd (DC, 08/11/95)

OSH Tracker

Defendant:
Holdsworth Group
Contracts co-ordinator Holdsworth Group Limited was fined $8000 under s18 after a subcontractor installing window frames suffered serious injuries as a result of a 4.5 metre fall through an uncovered skylight window to the concrete floor below. With the assistance of another worker, the man was walking backwards carrying a window frame when he stepped onto the perspex dome which collapsed under his weight. OSH held that as a principal the defendant company failed to ascertain how the subcontractor intended to carry out his work, had not advised him of the hazard presented by the skylights, and had only covered three of the six skylights on the roof. The Court dismissed an s19(b) charge brought against the firm's site supervisor, on the basis that it could not be proven his inaction alone caused the accident. (Auckland DC, 19 December) 
Industry:
Construction
Sub-Industry:
General Construction
Risk:
Fall from height
Harm:
Injury
Penalty Amount:
$8000.00
Reparation Amount:
$0.00
Appeared in Safeguard issue 36

Judgment Text

RESERVED DECISION OF JUDGE S.E.C. McAUSLAN 
Judge S.E.C. McAuslan
This is a Department of Labour prosecution under the Health and Safety in Employment Act 1992 (“the Act”). 
There are two informations, one charging Holdsworth Group Limited (“Holdsworth”) with an offence against s 18(1)(b) and s 50(a) of the Act in that being a principal it failed to take all practicable steps to ensure a subcontractor, namely, Ivan Pavlovich was not harmed while doing work that the contractor was engaged to do and thereby caused him serious harm. 

From OSH Tracker

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