Two Auckland construction companies have been fined more than $400,000 for their "cavalier attitude" towards their workers, after a builder was left with "life-changing injuries" in a fall from an unguarded void.
The worker was left paralysed after falling 3m from an unguarded second floor void at a construction site in September 2020.
The victim can no longer work as a builder after breaking their spine. They now use a wheelchair.
Their employer, Chunda Limited, and property developer JMK Homes Limited, were sentenced in the North Shore District Court on March 9.
On April 28, Chunda Ltd was fined $258,918.92 and was ordered to pay $61,464.20 in reparations.
JMK Homes Ltd was handed a $175,000 fine, along with $46,386.20 in reparations.
The maximum penalty is a fine not exceeding $1.5 million.
WorkSafe area investigation manager Danielle Henry said in a statement that the victim's injuries "were entirely preventable if controls, including edge protection, had been in place to address the risks of a fall from height".
"They are inexpensive, easy to obtain and easy to set up," she said.
"This was demonstrated in the immediate aftermath of the incident when edge protection was installed by workers using construction materials available on site.
"This is an indictment on the business and further underlines how avoidable this injury was."
Henry said Chunda Ltd "had a worrying history around protecting its workers".
WorkSafe had taken "a number of enforcement actions against the company 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."
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