An employee has fallen to his death through an
insecure hatch. The District Court has convicted the employer under the Health
and Safety in Employment Act for failing to ensure the safety of the employee
while at work. The Court held that the incident was foreseeable, and the
employer had failed to take all practicable steps to ensure the hatch was safe.
The Court noted that the accident could have been prevented if the hatch had
been guarded by rails.
The Court fined the employer $48,000. The Court
took into account the fact that the employer had paid the employee’s family
nearly $54,000 since the death, and had also paid for other employees to fly to
his tangi, which the company helped contribute to. The Court further ordered the
employer to pay the employee’s partner $35,000 in reparations.
Employers must take all practical steps to
prevent harm coming to employees (and others). Make sure you check your
workplace to identify all hazards, then eliminate or minimise them. A failure
to do so can have tragic and expensive results.
Alan Knowsley
Employment Lawyer Wellington
No comments:
Post a Comment