Man awarded $48,633 after breaking legs in roof fall
Certified Scaffolding Services Ltd and Horncastle Homes Ltd were ordered to pay reparations of $48,633.28 to Darren Swaney, who broke both legs in an incident two years ago after falling off a roof he was working on. In addition, Certified Scaffolding was fined $8,000.
Gas Connect NZ Ltd, the subcontractor hired by Horncastle Homes and for whom Mr Swaney was working at the time of the incident, was fined $7,500.
“We’re pleased with this result. Hopefully it sends a strong message to those responsible – in this case the supplier of plant, as well as the other parties involved - that it is unacceptable to put workers’ lives at risk by failing to take some basic steps to ensure their safety,†said Canterbury Service Manager Margaret Radford.
On April 12, 2005, Mr Swaney fell from a pitched roof onto a flat roof and then onto the ground, breaking both legs. The total height of the fall was 5.54 metres.
“He suffered extensive injuries. What employers need to understand is it doesn’t matter whether the fall is from a height of one metre or 5 metres. Such falls can lead to serious injuries, and on occasion they are fatal.â€Â
While Horncastle Homes and Gas Connect had both pleaded guilty, Certified Scaffolding hadn’t, and was found guilty after a defendant hearing.
The judge accepted that the defendants had failed to take all practicable steps to ensure Mr Swaney’s safety.
The sentencing took place on Tuesday at Christchurch District Court. As a principal, Horncastle Homes was charged under Section 18(1)(a) of the Health and Safety in Employment Act. As the supplier of plant, Certified Scaffolding was charged under Section 18A(3), and Gas Connect was charged under Section 6 as the employer.
The reparations were made up of $29,316.64 payable by Certified Scaffolding, and $19,316.64 payable by Horncastle Homes. Gas Connect is in liquidation and the judge noted the company has no insurance to pay any type of reparation.
ENDS
Gas Connect NZ Ltd, the subcontractor hired by Horncastle Homes and for whom Mr Swaney was working at the time of the incident, was fined $7,500.
“We’re pleased with this result. Hopefully it sends a strong message to those responsible – in this case the supplier of plant, as well as the other parties involved - that it is unacceptable to put workers’ lives at risk by failing to take some basic steps to ensure their safety,†said Canterbury Service Manager Margaret Radford.
On April 12, 2005, Mr Swaney fell from a pitched roof onto a flat roof and then onto the ground, breaking both legs. The total height of the fall was 5.54 metres.
“He suffered extensive injuries. What employers need to understand is it doesn’t matter whether the fall is from a height of one metre or 5 metres. Such falls can lead to serious injuries, and on occasion they are fatal.â€Â
While Horncastle Homes and Gas Connect had both pleaded guilty, Certified Scaffolding hadn’t, and was found guilty after a defendant hearing.
The judge accepted that the defendants had failed to take all practicable steps to ensure Mr Swaney’s safety.
The sentencing took place on Tuesday at Christchurch District Court. As a principal, Horncastle Homes was charged under Section 18(1)(a) of the Health and Safety in Employment Act. As the supplier of plant, Certified Scaffolding was charged under Section 18A(3), and Gas Connect was charged under Section 6 as the employer.
The reparations were made up of $29,316.64 payable by Certified Scaffolding, and $19,316.64 payable by Horncastle Homes. Gas Connect is in liquidation and the judge noted the company has no insurance to pay any type of reparation.
ENDS