Health & Safety failure leads to fine and reparations of $377,500...

The District Court has ordered a company to pay $377,500 after a worker died while on the job.

The worker was helping his colleague unload very heavy materials from a trailer. This was usually a one-man job, but the worker had stepped in as a spotter to help his colleague.

When the unloading of the material was finished the colleague closed the trailer door and the worker was fatally crushed.

The Court had to determine whether the company had ensured the safety of the worker so far as reasonably practicable. The company had failed to develop, implement, or maintain a safe system of work for unloading materials. There was also no standard operating procedure when a worker was to act as a spotter.

The Court decided that because of these failures, the company had failed in its health and safety obligations.

The Court had to determine what fine to impose on the company. It was determined that the company’s culpability was in the medium range and ordered a fine of $450,000. This was then discounted by 35% for the remorse shown by the company and the early guilty plea entered by the company.

The Court ordered the company to pay a fine of $247,500 and $130,000 to the family of the worker for the emotional harm caused by the death of their loved one.

If there is confusion regarding the correct health and safety protocol required of a company, it pays to seek advice from a professional with experience in the area.

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