Low Fine Shows Need For New OSH Law

"A totally adequate fine for an inexcusable failure to ensure a safe system of work," is how Council of Trade Unions president Ross Wilson described an $11,000 fine imposed on Downer Construction last week.The fine was imposed on Downer Construction in respect of an accident in Wellington last year when the collapse of a floor during a concrete pour seriously injured a construction worker.

"To impose a fine of little more than 20% of the maximum on a large experienced firm for an inexcusable systems failure sends exactly the wrong message to a construction industry with an appalling accident record," he said.

"Accidents will only be prevented by a co-operative and diligent approach to ensuring that safe systems are in place and maintained at all times."

Ross Wilson said it was an unfortunate reality that even experienced firms like Downers failed to meet minimum standards and needed to be sent a strong message with a fine that made the Chief Executive sit up and take notice.

"The Court has completely failed in its duty in this case," he said.

"Downers are almost certainly insured for this fine which, in any event, is not at a level to make a difference.

"Courts should already be taking notice of Parliament's intention and moving fines up towards the new maximum of $250,000 which takes effect on 5 May."