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 the victim, while the workers were at 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 Newey Machinery Limited 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.
- Provided adequate training to its workers about the operation and maintenance of the A5 debarker.
- Had a safe system of work in place, including having Standard Operating Procedures and a Job Safety Analysis, prior to operating the A5 debarker in New Zealand.
$20,000 to be split equally between the two defendants. CFGC were charged in relation to this matter and have applied for an EU which is still being considered.
An order for the matter to be brought back before the court was made. This will occur on 1 May 2023 and if the second defendant hasn’t paid reparation this will be assessed and may be ordered to be paid by Newey.
Legal costs - $1,602.26
Investigation costs - $2,228.12
Total - $3,830.38