Company Falls Short After Ignoring WorkSafe Notice

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.

"This notice was not complicated. It required work at height to stop until adequate controls were in place and WorkSafe was satisfied the risk had been addressed. Continuing work put workers at unnecessary risk."

Falls from height continue to be one of the leading causes of serious harm in construction. These risks are well known and must be properly controlled on every site. WorkSafe's updated working at height guidance is clear that preventing falls should be actively managed. Businesses must identify where people could fall and use suitable controls, such as edge protection, scaffolding, safe access, and equipment that is appropriate for the task.

"Working at height cannot be treated as business-as-usual until something goes wrong. Businesses need to plan the work, involve workers, put the right controls in place, and make sure they stay in place for as long as the risk exists," says Parani Wiki.

WorkSafe continues to engage with residential construction businesses across the country to strengthen their understanding of health and safety responsibilities and support safe working at height. Health and safety inspectors will be doing workplace assessments focusing primarily on how the risk of falls from working at height is being managed at residential building sites between October and December.

Find more information about managing the risks of working at height

Background

• Grace Motors Limited, trading as Grace Construction, was sentenced in the Waitakere District Court on 20 August 2026.
• The company directors are Mark Bin Liu and Diana Zhongnan Rong.
• The company was convicted and fined $38,500. Costs of $1,099.10 were also ordered.
• Grace Motors Limited was charged under sections 107(1) and 107(2)(b) of the Health and Safety at Work Act 2015.
• Being a person to whom a prohibition notice was issued, which prohibited the carrying out of work at height on level two at units 6-10 at 2 and 4 Alston Avenue, Kelston, Auckland, failed to comply with the notice. Particulars:
  • Grace Motors Limited was issued a prohibition notice on 30 August 2024.
  • Work was carried out at height on units 6-10 on 2 and 4 September 2024 while the prohibition notice was in place.