Fine over safety breach

A judge has taken the economic impact of Covid-19 into account while sentencing a Timaru company and its contractor for failing to ensure the safety of its employees working at a height.

RLT Homes was fined $40,000 and codefendant Ryan Neutze, 30, fined $23,000 for exposing individuals to risk of illness, harm, or death when they appeared in the Timaru District Court on Wednesday.

Both pleaded guilty to the charge at an earlier date.

Ruan Overbeeke, director of RLT Homes, had contracted Neutze’s building business to construct a farm shed on a property on Blair St, Timaru, with work getting under way in August 2018.

‘‘This was a case where Mr Neutze had not had much experience with farm shed construction before, primarily being involved with residential construction,’’ Judge Quentin Hix said.

A few weeks later, a WorkSafe inspector was alerted to the site and discovered two builders working on the roof of the 4.8-metre-tall shed without proper safety equipment to protect them from a fall onto the concrete floor.

Issues identified included there was no harness system, the mobile scaffolding was on unstable ground, and there were no edge protection brackets.

‘‘They were only able to get down after a third worker brought a ladder round from the other side of the building,’’ Judge Hix said.

WorkSafe issued a prohibition notice and instructed the parties to remedy the situation, prompting RLT Homes to supply Neutze with edge protection brackets. The brackets were installed but a second WorkSafe inspection found many of the issues remained.

‘‘As a result of those inspections, the current charges before the court were laid.’’

Judge Hix said the risk was ‘‘relatively moderate’’.

‘‘A fall onto concrete does have the potential for significant injury and potentially death. A health and safety plan was prepared but it’s unclear why it was not followed.’’

Judge Hix did not believe the defendants had ‘‘deliberately flouted the rules’’.

‘‘Rather, there has been a systemic failure between two businesses. It seems to be more of a case of a communication breakdown where both parties are relying on each other to ensure work health and safety.

‘‘It could be said it’s a case where all the holes in the cheese have lined up in a way.’’

Judge Hix said the positive factors which contributed to calculating the fines included the defendants’ early guilty pleas, co-operation with authorities, remorse, remedial efforts, willingness to ‘‘essentially do a bit of a roadshow’’ to educate others on workplace health and safety, and the economic impact of Covid-19.

One discount put forward by the defence lawyers and WorkSafe prosecutor, but rejected by Judge Hix, was for ‘‘previous good character’’.

‘‘The substance of that submission is both parties having not been dealt with by WorkSafe previously.

‘‘In my view, that is not an aspect of good character but what everybody is expected to do.’’