BuildLaw in Brief Company fined heavily following elderly man's death Following the death of an elderly man, Shannon Thompson Concrete Pumps Limited has been fined $500,000 for breaching the Health and Safety Work Act 2015. The man was riding his mobility scooter and fell from it when it hit a damaged section of footpath. The incident occurred in March 2017, outside a housing development site to which the company provided the concrete pump. In May 2018, the company was first charged with obstructing WorkSafe’s investigation into the death. Now, two years on, they have been sentenced under sections 36(2), and 48(1) and (2)(c) regarding their responsibility in the death. WorkSafe’s investigation into the matter found Shannon Thompson Concrete Pumps Limited had “failed to work with other companies on site to identify the damaged footpath as a risk." Hayden Mander, chief investigator for WorkSafe, said "No site-specific risk assessment was undertaken and the company failed to identify and put in place controls to manage the risks related to the entry and exit of heavy vehicles onto the worksite." This “entirely avoidable” death highlights the importance of a company’s duty of care under s 36(2) of the Act to ensure the health and safety of other persons is not put at risk from work carried out as part of business conduct. Mr Mander reports that “there was no deduction from the starting point of $500,000 as the judge did not find that there were any applicable mitigating factors.” The massive fine reflects the company’s “total lack of regard for the family and the company’s role in the man’s death,” he says. “We hope today’s sentencing can provide the family some closure following this tragic accident.” More information regarding a company’s primary duties of care can be found here.
Commerce Commission to appeal Steel & Tube sentence On 20 September, the Commerce Commission announced their application for permission to appeal the High Court’s decision Commerce Commission v Steel & Tube Holdings Ltd [2019] NZHC 2098. Background In 2018, Steel & Tube Holdings plead guilty to 24 charges of breaching the Fair Trading Act by making false and misleading representations. The breach related to a product known as SE62, which is used in construction to provide strength and stability in the event of an earthquake. In October 2018, the District Court imposed a $1.885 million fine on Steel & Tube Holdings. Both Steel & Tube Holdings and the Commerce Commission appealed the decision; Steel & Tube Holdings on the grounds the fine was manifestly excessive, and the Commerce Commission on the grounds it was manifestly inadequate.