Builder paralysed after company failures

Two building companies were fined more than $500,000 for failing to ensure the health and safety of workers

Chunda Limited and JMK Homes Limited were sentenced at the North Shore District Court in March 2023. Chunda Limited was fined $258,918.92 and ordered to pay reparations of $61,464.20, while JMK Homes Limited was fined $175,000 and ordered to pay reparations of $46,386.20 – totalling a combined fine of $541,769.32. Both companies were charged under sections 36(1)(a) and 48(1) and (2)(c) of the Health and Safety at Work Act 2015.

The fine is related to an accident in which a builder was left with life-changing injuries after falling three metres from an unguarded second-floor void in September 2020, on a construction site overseen by the two companies. The builder has been left with paralysis caused by a broken spine, requires a wheelchair to move and can no longer work in the industry.

WorkSafe says the injuries the victim suffered were preventable if the correct controls, such as edge protection, had been in place.

 An easy fix

“They are inexpensive, easy to obtain and easy to set up,” says WorkSafe’s area investigation manager Danielle Henry.

“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.”

 The accident happened following 11 enforcement actions brought by WorkSafe – which labelled the incident as “unforgivable and inexcusable” – against Chunda Limited.

“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,” explains Henry.

According to WorkSafe guidance, preventing falls should be actively managed so people working at heights are kept safe. Eliminating the potential of a fall can be achieved through safer design of working environments by installing walkways with handrails or permanent guardrails, or other forms of edge protection.

For more information about working safely at height, visit: www.worksafe.govt.nz/topic-and-industry/working-at-height/working-safely-at-height/.