Company falls short after ignoring WorkSafe notice

WorkSafe New Zealand is reminding construction businesses that a prohibition notice means work must stop, after an Auckland company was sentenced and fined for allowing workers to work at height while a notice was in place.

Grace Motors Limited, trading as Grace Construction, was constructing two-storey residential units in Kelston, Auckland. On 30 August 2024, a WorkSafe inspector observed workers on the second floor working near an edge without adequate fall protection. The site also had temporary platforms, partially removed scaffolding and non-compliant and unsecured ladders.

Ladders are involved in about 40% of all fall injuries in construction, while falls from or through a building are the most common cause of fatal or very serious injuries such as spinal fractures and head injuries.

WorkSafe issued a prohibition notice to one of the directors, Mr Mark Bin Liu, requiring work at height on the second floor to stop until the risk had been remedied and fall protection was installed. Despite the notice, inspectors observed workers at height on 2 September and again on 4 September 2024.

In sentencing, Judge Tremewan found the prohibition notice was simple in its meaning and not complicated. The Judge also acknowledged the inspector’s efforts to gather workers together and explain what the notice meant, including through translation for Mandarin-speaking workers.

WorkSafe Area Manager Parani Wiki says the lesson for the construction sector is simple: when WorkSafe tells you to stop unsafe work, you must stop.

“A prohibition notice is issued because an inspector believes there is a serious risk to health and safety. It is not a suggestion, and it’s not something a business can ignore. In this case, workers could have been severely injured, or worse,” says Parani Wiki.