Court Summary - at a glance
Being a PCBU having a duty to ensure, so far as reasonably practicable, the health and safety of workers whose activities in carrying out work are influenced or directed by the PCBU, including the victim, while the workers were carrying out work in the business or undertaking, namely operating the A5 debarker, did fail to comply with that duty, and that failure exposed the workers to risk of serious injury or death.
It was reasonably practicable for the defendant to have:
- Ensured a machine guarding assessment of the A5 debarker was completed by a competent person prior to its operation in New Zealand
- Ensured the machine guarding on the A5 debarker met the requirements of AS/NZ 4024 prior to operating the A5 debarker in New Zealand.
Consequential loss - N/A
Costs - Legal costs: $1,6602.26. Operational costs: $2,228.12