WorkSafe has filed a charge against a scaffolding company – one year after a scaffolding wall crashed onto a busy Auckland road.
At the time, 1News spoke to a motorist on Peach Parade in Remuera who described their “shock”. Dash cam footage showed cars swerving out of the way of the falling platform, with a black Tesla being struck.
This week, one year after the incident, WorkSafe confirmed it had filed a charge under the Health and Safety at Work Act on January 20, 2025.
In a statement, WorkSafe said the nine-metre-high scaffolding collapsed on a busy road, striking and “severely damaging” a passing vehicle and forcing others to take evasive action.
“This collapse had the potential for tragic consequences if there had been workers on the scaffolding or pedestrians walking by,” said area manager Danielle Henry.
WorkSafe did not identify the company to protect its right to seek name suppression when the case was called at the Auckland District Court.
However, it said it took the incident seriously, alleging the “failure exposed other persons to risk of death or serious injury”.
“Being a PCBU [person conducting a business or undertaking], having a duty to ensure, so far as was reasonably practicable, the health and safety of other persons was not put at risk from work carried out as part of the conduct of the business or undertaking; namely persons are not put at risk from work carried out as part of the conduct of the business or undertaking, designing and erecting scaffolding did fail to comply with that duty, and that failure exposed other persons to risk of death or serious injury.”
The maximum penalty for the charge was a fine of up to $1.5 million, Henry confirmed.
“Scaffolding work usually occurs within a larger context and can be impacted by other activities and businesses on the site. Businesses must plan for and manage these activities and the associated risks in consultation with other businesses, organisations and workers,” she said.
“Construction is a priority sector for WorkSafe in our new strategy, as it has among the highest rates of acute and chronic harm. It accounts for around 15% of work-related fatalities and serious injuries.”
Last year, one motorist described his “luck” at not being hurt, and added it could have “killed someone” if the falling structure had hit a cyclist or pedestrian.
“The dog was in the front left of the car where the scaffolding did most of the damage. The [Tesla] sunroof was cracked too, the glass must be pretty strong. His car was quite damaged,” he said.
For information on the safe design, use, maintenance, and inspection of scaffolding, WorkSafe recommended a section on its website.