The District Court has recently ordered a company to pay over $433,000 after health and safety failures led to an accident and tragic death of a customer.

The District Court had to determine whether the company had failed to ensure, so far as reasonably practicable, the health and safety of other persons affected by their work. In this case, the other persons were the passengers in the vehicle and other people on the road.

As an employee was also injured, the District Court had to consider whether the company had failed to ensure, so far as reasonably practicable, the health and safety of its employees. The company has these obligations as a Person Conducting a Business or Undertaking.

The WorkSafe investigation found that the company had failed to properly maintain its vehicles. Further, they had failed to adequately train their employees in the proper health and safety measures to be taken around vehicles and while operating them.

The investigation also discovered that the company was aware of the vehicles’ conditions and had failed to rectify the issue. The company accepted that they had been failing to train employees sufficiently to ensure their safety, as well as others’ safety.

The Court decided that the company had clearly failed to meet its health and safety obligations. The company was ordered to pay $433,094 in reparations to the victims and their families. No fine was imposed due to the company being in liquidation.

It is vital to ensure that you are meeting your health and safety obligations in order to avoid incidents like this one. If you are confused about your health and safety obligations, it pays to seek advice from a professional with experience in the area.

Leading law firms committed to helping clients cost-effectively will have a range of fixed-price 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.

Alan Knowsley and Hunter Flanagan-Connors