Company fined $75,000 over worker's death
In a reserved decision, Chrsitchurch District Court Judge John Strettell said Reginald Clayton Hardaker, 52, was carrying out demolition work at the Lyttelton Port Company last November for Smith Crane & Construction Limited when an unsecured concrete wall collapsed on him, crushing his head between the panel and a nearby building.
The judge found the supervisor at fault for not telling the workers to secure the panels, and for failing to ensure one bolt in each end of the panels was left in place to provide some security for the demolition.
"It seems without question that the fault here was so obvious that it's difficult to understand that anyone in a position of responsibility would have left these concrete panels in the condition they were," Judge Strettell said.
"To have undone all bolts and left them standing without any additional security against falling seems to be such a basic lapse in standards, it is difficult to comprehend how anyone with experience would allow it to happen."
Only four days before Mr. Hardaker's death, the company, at a health and safety meeting, identified the danger posed by the panels and the need to secure the materials to a crane before all the fastenings were removed.
However, it did not negate the responsibility of the company for the supervisor's failure, the judge said.
The company failed to identify the hazard in writing and provide written confirmation to its supervisor, and failed to ensure a proper degree of supervision to employers, the judge said.
The penalty would send a "strong and clear" message to the construction industry of the importance of safety measures and compliance to the Health and Safety Act, the judge said.
MR Hardaker's partner was awarded $50,000 and his mother was awarded $10,000 in reparation for emotional harm
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