Multiple health and safety failure led to death of student on school trip…

The District Court has ordered a School Board to pay over $500,000 in reparations after a student died on a school trip as a result of multiple health and safety failures.

A school group was undertaking education outside of the classroom. The school’s risk assessment for the trip stated that it would not go ahead if there was heavy rain.

However, the trip went ahead despite an orange weather warning for heavy rain being issued. As a result, a student drowned in rising waters.

The District Court had to determine the culpability of the School Board.

The Court considered that as a Person Conducting a Business or Undertaking, the Board had a duty to ensure, so far as reasonably practicable, the health and safety of persons put at risk from its work. This included students and teachers at the school.

The Board had a duty to manage the school’s risks, including when taking students outside of school grounds. Despite education outside of the classroom being a great learning experience for students, the Court recognised that managing the risks was essential to ensuring the health and safety of students and teachers.

In this case the Board had ignored its own risk assessment not to undergo the activity if there were risks of heavy rain. It was found that there was a lack of understanding of what exactly heavy rain meant, or when trips should be cancelled, amounting to ineffective oversight of high-risk activities.

The Board had further failed to accurately identify the risks associated with the activity, such as rising flood waters. This put both students and workers at serious risk, with a tragic outcome in this case.

The Court concluded that these amounted to multiple failures by the Board to fulfil their health and safety responsibilities. The Board was ordered to pay over $500,000 in reparations for these failures.

This case is an important reminder of the serious consequences that can occur if health and safety procedures are inadequate. If you are confused about your health and safety obligations, it pays to seek advice from a professional with experience in the area.

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