Two employers sentenced after tragic death of employee…

The District Court has sentenced two employers after their health and safety failures led to the tragic death of an employee. The employers together were ordered to pay over $395,000.

The main employer sub-contracted the second employer to complete construction work on a worksite. The victim was an employee of the second employer, who project-managed the worksite.

The employee and his coworkers were lifting heavy materials as part of their work tasks. During the lift the materials that the employee was holding slipped. The employee tried to move out of the way, but he was hit by the materials and suffered fatal injuries to his neck and head.

The Court had to determine the culpability of the two employers. As both employers were a Person Conducting a Business or Undertaking, they had a duty to ensure, so far as reasonably practicable, the health and safety of their employees.

An investigation into the incident found that materials of this weight should have been installed using a brace, and such heavy materials should have been lifted with a crane.

In relation to the main employer, no proper enquiry was made into how lifting tasks should be undertaken. Therefore, no insights into worksite risks were provided and no procedure for this particular task was given to the second employer.

Further, no pre-qualification process was undertaken by the main employer before they hired the second employer.

The main employer accepted that they failed to properly consult the second employer on how to undertake the moving of heavy materials. The employer also admitted they failed to ensure there was mechanical assistance for the employees to use and failed to maintain safe systems of work.

In relation to the second employer, no equipment was provided to ensure the safe lifting of heavy materials, and the employer had a culture of heavy lifting and high-risk work practices. The employees also had inadequate training to move materials of such a large weight.

The second employer accepted that they failed to develop, implement, and communicate an effective system of work. They also failed to maintain effective controls for heavy lifting, such as bracing.

The Court concluded that the second employer was more culpable for the incident, as the main employer was entitled to rely on the second employer’s skill and experience in the industry. However, the second employer did not have the financial resources to pay a large fine.

The Court therefore ordered the main employer to pay a fine of $210,000, as well as $56,000 for emotional harm to the victim’s family, and over $7,800 in legal costs and consequential loss.

The second employer was ordered to pay a fine of $30,000 after accounting for their financial position. The Court also ordered the second employer to pay $84,000 for emotional harm to the victim’s family, as well as over $8,800 in legal costs and consequential loss.

It is vital to ensure that you and any of your sub-contractors are meeting health and safety obligations. Failing to do so can lead to tragic incidents like the one in this case.

If you are confused about your 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