Court Summary - at a glance
Being a PCBU having a duty to ensure, so far as is reasonably practicable, the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking, did fail to comply with that duty, and that failure exposed individuals undertaking sand boarding activities, including Jin Chang Oh, to a risk of death or serious injury.
It was reasonably practicable for Sand Safaris 2014 Limited to:
- Develop, document, implement and communicate an effective system to identify, control and monitor the hazards and risks arising from sand boarding at Te Paki Stream;
- Identify and utilise a safe are for sand boarding where there was no danger to sand boarders from motor vehicles;
- Implement, in conjunction with other operators and stake holders at the Te Paki Stream, an effective traffic management system, including signage.
Mr Oh died soon after impact with the bus. This incident was witnessed by Mr Oh’s wife, son, daughter-in-law and nine year old granddaughter.
Consequential loss - $5,3209.33
Costs - $23,136.63