Court Summary - at a glance
Being a PCBU having a duty to ensure, so far as reasonably practicable, the health and safety of workers who work for the PCBU, including Tipuarangi McDowell, while the workers were at work in the business or undertaking, namely installing, maintaining, repairing and removing artificial shelters on farms, did fail to comply with that duty, and that failure exposed the workers to the risk of serious injury.
It was reasonably practicable for Mapua Avocados Limited to have:
- Developed and implemented effective training, and supervision of, workers to carry out the installation, maintenance, repair, and removal of artificial shelters.
- Developed and implemented a safe system of work, including developing and implementing a SOP, for the safe installation, maintenance, repair, and removal of artificial shelters
- Effectively monitored the safe use of PPE during the installation, maintenance, repair, and removal of artificial shelters.
The wire came loose and penetrated Mr McDowell’s left eye leaving him with impaired vision.
Consequential loss - $2,185
Legal costs - $5332.15