Two construction companies have been held accountable for a cavalier attitude toward keeping people safe when working at height.
The lack of planning and implementation of safety measures from employer, Chunda Limited, and property developer, JMK Homes Limited, left a builder with life-changing injuries.
The employee fell three metres from an unguarded second floor void on a construction site in September 2020, enduring a broken spine causing paralysis. The victim can no longer work as a builder as a result of their injuries and requires a wheelchair.
“This was demonstrated in the immediate aftermath of the incident when edge protection was installed by workers using construction materials available on site. It was confirmed to WorkSafe this only happened after the incident. This is an indictment on the business and further underlines how avoidable this injury was.”
Both companies were charged under sections 36(1)(a) and 48(1) and (2)(c) of the Health and Safety at Work Act 2015 and were sentenced at North Shore District Court, where a fine of $258,918.92 imposed and reparations of $61,464.20 was ordered for Chunda Limited. JMK Homes Limited was fined $175,000, with $46,386.20 ordered in reparations. The maximum penalty is a $1.5 million fine.
Henry said WorkSafe had taken several enforcement actions against Chunda Limited since 2017 to influence the company to do better. This included seven prohibition notices, two sustained compliance letters, one directive letter, and two improvement notices.
“WorkSafe had a number of interactions with Chunda Limited, and they were on notice to up their game and keep workers safe. This included providing them with guidance and information related to risk management. This is why this incident is, in our eyes, unforgivable and inexcusable given the track record,” said Henry.
