The Blenheim District Court has convicted and fined a
construction company following the death of one of its employees in a motor
vehicle accident.
The employee was not licensed to drive a heavy vehicle but
was allowed to drive a dump truck on a public road by his supervisor. This was contrary to all of the company’s
health and safety policies, but they were not communicated properly and not
enforced.
The vehicle rolled down a steep bank killing the
employee. The Court held that the risks
of allowing an unlicensed driver to drive a heavy vehicle on a public road was
not only serious but also obvious. The
company was ordered to pay $115,000 in reparation to members of the employee’s
family and was also fined over $350,000.
Just having policies in place is of no use if those
policies are not communicated to staff and enforced. All employers should have processes in place
to not only develop policies on health and safety in their workplace, but to
ensure that they are communicated to all staff and to check up that the
policies are being implemented at all times.
Employment Lawyer Wellington
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