It was reasonably practicable for Sullivan Contractors 2005 Limited to have:

1. Undertaken an effective hazard and risk assessment of the Waaka Block and determined the appropriate controls to be implemented;
2. Assessed whether its workers were competent to undertake forestry work at the Waaka Block given the hazards and risks associated with felling at the Waaka Block;
3. Ensured that workers who were to undertake forestry work at the Waaka Block were either deemed competent or were under documented training and supervision;
4. Ensured there was a competent observer present to assess and assist in determining how to fell difficult trees at the Waaka Block;
5. Ensured that a Harvest Plan was in place prior to commencing forestry work at the Waaka Block;
6. Prepared and implemented an appropriate and effective tree felling plan for the Waaka block prior to commencing felling.