The employee was lucky to have survived the incident, according to WorkSafe
A New Zealand employer has been ordered to pay $100,000 after a worker received serious injuries after falling from a 3.6-metre height while carrying out his work. The 54-year-old employee, who was replacing a roof in Auckland in January 2020, fell onto a concrete floor after trying to steady himself by holding an improperly installed guardrail.
The employee was lucky to have survived the incident, according to WorkSafe, but not without sustaining a hematoma by his left eye, two fractured ribs, a fractured sternum, fractured vertebra, and multiple pelvic bone fractures. The worker spent 10 days in the hospital and was unable to fully recover for more than a year. WorkSafe’s investigation found the employer should have ensured the roof edge protection was safe to use by aligning its installation with the manufacturer's guidelines.
Judge Anna Fitzgibbon from the North Shore District Court found that the employer had a "moderate to high level of culpability" for the incident. According to the judge, the installation of the roof edge protection exposed the victim to a risk of death or serious injury from a fall from height. The company was charged under sections 43(2)(b), 48(1) and (2)(c) of the Health and Safety at Work Act 2015, according to WorkSafe.
The company has been fined $100,000, which will be paid over five years, while reparations of $43,000 must be paid to the victim immediately.
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Danielle Henry, WorkSafe's area investigation manager, said the case is a "clear example" that even businesses upstream have a responsibility to employees under the Health and Safety at Work Act.
"There is a duty to consider the health and safety of the people who will ultimately be reliant on your product when installing, building, or commissioning structures for use at work. Upstream duties sit with the business which has the most influence over the matter at hand, to make sure all workers at all steps throughout the chain are kept healthy and safe," Henry said.
