Court Summary - at a glance
Westown Agriculture Limited
Between 16 July 2019 and 24 August 2020, at New Plymouth, being a PCBU (person conducting a business or undertaking) who manages or controls a workplace, namely 180 Cowling Road, New Plymouth (the Site), having a duty to ensure, so far as reasonably practicable, that the workplace and anything arising from the workplace was without risks to the health and safety of any person, including Grant Bowling, did fail to comply with that duty, and that failure exposed any individual to a risk of death or serious injury.
It was reasonably practicable for Westown Agriculture Limited to have:
- Developed and implemented an effective safe system of work to manage the risk of interactions between pedestrians and mobile plant, including an interim traffic management plan for the Site.
- Effectively consulted, co-operated, and co-ordinated with Westown Haulage Limited and [third defendant] as to traffic management at the Site.
Westown Haulage Limited
Between 16 July 2019 and 24 August 2020, at New Plymouth, 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 Grant Bowling, while workers were at work in the business or undertaking, did fail to comply with that duty, and that failure exposed workers to a risk of death or serious injury from the interaction between workers and mobile plant at the Site.
It was reasonably practicable for Westown Haulage Limited to have:
- Ensured there were effective controls in place at the Site to manage the risk of interaction between its workers and mobile plant.
- Designed and implemented a safe system of work for the safe use of mobile phones at the Site.
- Effectively consulted, co-operated and co-ordinated with Westown Agriculture Limited and [third defendant] as to traffic management at the Site.
On 24 August 2020, worker Grant Bowling was standing in the wash bay, using his mobile phone to sign out for the day. His colleague had been washing down a telehandler and was going to move it into a shed. His colleague got distracted and was looking backwards, ran into Mr Bowling and collected him in the scoop of the telehandler, knocking him unconscious. He was in hospital for three days, suffered bifrontal intracerebral and subdural hemorrhages and was unable to work for eight months.
Westown Haulage Limited - Section 36(1)(a), 48(1) and 48(2)(c) of the Health and Safety at Work Act 2015
Consequential loss - $6,806
$4,627.60 - half of legal costs
$7,500 - expert traffic management report