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 Andre Nieuwoudt, while the workers were at work, including servicing or repairing a Harvester Head logging machine, did fail to comply with that duty and that failure exposed workers to a risk of death or serious injury.
It was reasonably practicable for Waratah Forestry Services Limited to have:
- Adequately educated/trained its field technicians about the risk and controls required for safely testing the Harvester Head.
- Adequately monitored its field technicians all workers to correct any unsafe practices.
Consequential loss - $191,081
Legal costs - $3011.25
Investigation costs - $1,505.62 (half of total costs)