Teacher censured after damaging property and assault

The District Court has ordered an employer to pay $676,000 for breaching their health and safety obligations resulting in the death of an employee.

The employer operated a large yard that involved loading of freight. The employees operated large vehicles to shift the freight. The vehicles had alarms that sounded if the loading vehicle was moving too fast when turning.

The employee was operating the vehicle and took a turn too quickly. The vehicle tipped and caused serious injuries to the employee that resulted in their death.

The Worksafe investigation found that employees regularly took corners too quickly and that the alarms sounded regularly. The Employer was aware of the regular tripping of the alarms, but did not take any steps to address the speeding.

Additionally, Worksafe noted that there was a bonus system in place that rewarded employees for their productivity. Although the bonus system was subject to health and safety policies being observed, this was not monitored or enforced.

The District Court held that the employer failed to ensure the health and safety of their employees as far as reasonably practicable.

The District Court ordered the employer to pay a $540,000 fine and reparation to the employee’s family of $136,000.

Where employers have put systems in place to either eliminate or minimise risks, it is important that these systems are monitored carefully and that their compliance is enforced. Failing to monitor and enforce health and safety policies may result in employees being seriously harmed, and employers facing an expensive prosecution.

If there are concerns that health and safety measures are not being implemented or enforced in your workplace, it is wise to speak with a professional experienced in the area.

Leading law firms committed to helping clients cost-effectively will have a range of fixed-priced Initial Consultations to suit most people’s needs in quickly learning what their options are.  At Rainey Collins we have an experienced team who can answer your questions and put you on the right track.