Construction company fined $ 200,000 for scaffold fall in Westfield Manukau – WorkSafe

A construction company specializing in outfitting stores was fined $ 200,000 in Manukau District Court after a worker suffered a back fracture, skull fracture and traumatic brain injury from a fall.

WorkSafe said W Gartshore was fined in Manukau District Court after a worker fell from a moving scaffold at the Westfield Manukau Mall.

The man was seriously injured.

The WorkSafe investigation found that the mobile scaffold had been disassembled to allow for shingling and the victim, whose experience in mobile scaffold construction had not been established by the company, was then asked to reassemble it. .

Several problems with the structure were identified: the platform had been installed above the maximum height and there was no room for an upper railing, making it dangerous.

“The scaffold, when not properly assembled, was not safe, did not meet standards and should not have been in use,” said WorkSafe area manager Danielle Henry.

“Scaffolds are designed to allow safer work from a height, however, if they are not designed and erected correctly, they put workers at greater risk.

“When scaffolds are needed, companies must adhere to standards and guidelines to ensure they are fit for purpose and will keep workers safe. This means a competent person must build and check them before and during use,” Henry said. .

The company should have ensured that a competent person assembled and verified that the platform had been assembled correctly before and while in use.

Instead, it took shortcuts to get the job done, WorkSafe said.

“As a result, this victim has suffered injuries that continue to affect her to this day,” Henry said.

The victim had previously been paid a $ 60,000 reparation.

The company was convicted under the Occupational Health and Safety Act.

Company Bureau records show that Rob Gartshore of Mount Maunganui and William Gartshore of Tauranga are directors of the company.

The Gartshore Group website says the company has been building a legacy for more than 60 years. The business continues to invest in providing better services, well-managed processes and quality results, he says.

Ellie Harrison of Gartshore Attorneys Wynn Williams said, “These guys couldn’t have gone out of their way to learn from their mistakes and have spent $ 500,000 overhauling their security and management systems.”

Rob Gartshore’s affidavit to the court “demonstrates sincere remorse for [the] accident and also that the company has thought very carefully how to ensure the safety of workers in the future.

“I’m not saying this about all my clients, but they have really gone beyond what they need to do to achieve compliance with the legal standard. They have done it with maturity and sincerity,” said Harrison.

The company had the utmost respect for the victim and his sister and apologized that he was not safe at work.

“They would like to recognize [his] phenomenal strength and determination and the constant support of his sister who has given him in addition to working and caring for another sick family member. They would also like to acknowledge [his] skill and attention to detail as a builder.

“W Gartshore hopes this issue can raise awareness of particular considerations related to the safety of older workers at work. This is likely to be an issue of increasing importance with an aging working population,” said Harrison.

Gartshore’s affidavit referred to the victim’s disabilities and how isolating they were.

The worker had been “a very outgoing and committed person, so I often think about how quiet his life is now,” Gartshore said.

The accident had also been distressing for other workers at the company, he said.

He detailed the major changes in the business, particularly in health and safety, and concluded: “I am very proud of how far Gartshores has come since 2018 and I look forward to an outcome of this indictment that will allow the company to continue its good work. . “