Dans Renovations sentenced over John James Moreton’s fatal fall from roof

A Canterbury renovations company has been ordered to pay nearly $300,000 in reparations and fines following a worker’s fatal fall from a roof last year.

John James Moreton, 56, died while painting the roof of a building in Sydenham, Christchurch last February.

His company, J & J Decorators Ltd, had been contracted by small local firm Dans Renovations Ltd to waterblast and do two coats of roof paint at the Orbell St building.

But at about 10.40am on February 4 last year, while painting on the southeast corner, he fell over a 30cm-high parapet at the roof’s edge and plummeted 4.5m to his death.

Dans Renovations was ultimately charged under health and safety legislation by WorkSafe, which found that no site-specific safety plan had been completed for the roof work, and that no edge protection had been installed on the roof of the site.

As a result, four workers, including the victim, were exposed to the risk of injury or death.

The small company, which does renovations including bedrooms and kitchens, and occasionally maintenance-type work on commercial buildings, later pleaded guilty at Christchurch District Court to a breach of the Health and Safety at Work Act 2015.

In a reserved decision, Judge Gerard Lynch has described the death as having a “devastating and multidimensional impact … felt across generations” for the victim’s family.

At a July sentencing hearing, Moreton’s wife Lisa gave an emotional victim impact statement, paying tribute to a “wonderful husband” whose death has been “devastating, heart-breaking”.

Together, they raised five children and his death has had an immense impact on the whole family.

“John’s death has torn a lot of us apart,” she said after losing “the most precious person”.

“I’ve lost my world. There’s no putting it back the way it was.”

At the time, a lawyer for the company said Dans Renovations had “believed harnesses were going to be used but they weren’t” - but added that the company was not shying away from what happened.

The company no longer worked from height and the company’s sole director Daniel Grobler had since completed a certificate in health and safety and tried to take steps to ensure that this ordeal will “never be repeated”.

Lynch ordered the company to pay reparations of $261,695, along with a fine of $37,500.

WorkSafe also noted that Dan’s Renovations didn’t have significant experience of working at heights.

“This incident is proof that a flat roof does not mean a safe roof – especially when it’s 4.5m high,” WorkSafe’s head of specialist interventions, Dr Catherine Gardner said.

“This was an unprotected and unsafe working environment.”

“Lead contractors owe all workers onsite a duty of care, whether they’re subcontractors or your own staff.

“Lead contractors must ensure the risks are being controlled to ensure everyone’s safety.

“Everybody knows the dangers of working at height. The expectations are well established and exist for a reason so they need to be followed.”