It was the largest fine in New Zealand legal history for an industrial accident.
According to reports in the New Zealand Press Association, outside the Papakura District Court, his partner Malia Pitolua said it was an excellent outcome and would make Fletchers and other companies “sit up and take notice and realise that safety cannot be taken for granted.”
She and her partner had just begun an invitro-fertilisation programme to start a family when Visesio was killed.
He died when a crane Stresscrete knew to be faulty failed and a concrete panel dropped on him. Another worker, Finauga Sa’u, aged 47, was injured.
According to reports, Esera had told the company several times of the faulty crane which failed and killed him. “Fletcher chose to ignore that and during the court process we heard production was placed over safety,” Pitolua said.
During the sentencing Department of Labour lawyer Shona Carr said the company knew there was no failsafe safety switch on the crane which had a 20t capacity, but it still used the machine.
The company had done nothing to improve the safety of the crane in what was “disgraceful conduct,” she said. The experts agreed had there been a safety switch the accident would not have happened.
For Stresscrete, Graeme Christie said the company was remorseful and accepted responsibility. It was sorry the accident had happened with such tragic consequences.
Judge John Cadenhead said production or profit should never have been at the expense of personal safety where lives were involved. The company hotly defended the charge it had pleaded not guilty to but now expressed remorse and had apologised.
He said the NZ$225,000 fine was on top of the NZ$250,000 the company had already paid the family in reparations. He also ordered Stresscrete to pay NZ$5,000 in solicitors fees, NZ$130 in court costs and $20,000 in emotional harm reparation to Sa’u.
The Department of Labour said the largest fine before today for a breach of the Health and Safety in Employment Act was NZ$55,000 awarded against Downer Construction in 2005.
The Department of Labour prosecuted Fletcher Concrete last year under the rarely used section 49 of the Health and Safety in Employment Act.
In his written decision in March, Judge Cadenhead said Fletcher knew the crane that killed Mr Visesio was faulty, as it was missing an integral safety mechanism for the safe use when lifting loads. “The size of this penalty should send a very loud and clear message to companies that they will be liable to a significant penalty for not taking action to keep workers safe,” said Graeme Buchanan, the department’s acting deputy secretary, workplace.
Combined Trade Union secretary Carol Beaumont said the record fine was the strongest signal yet that ensuring the safety of workers must be taken more seriously.