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In brief from Rainey Collins Lawyers

health and safety- February 2022

In this issue

Employer fined after workplace death…

Employer ordered to pay employee over $400,000 compensation after fall…

Employer fined after workplace death…

The District Court has ordered an employer to pay $60,000 after a logging incident that killed an employee. The fine would have been $450,000 given the failings, and outcome of the failure to take all reasonable steps here, but was reduced as the employer was insolvent.

The employee was using machinery to pull logs up a slope. One of the logs became stuck and the employee went down the hill to reposition it.

As the employee repositioned the log, the machine at the top of the hill slipped and fell. The employee suffered fatal head injuries when he was hit by the machine.

The Worksafe investigation found that the machine’s tracks were not properly formed and so the risk of the machine moving was not minimized.

The more hazardous a workplace, the greater the responsibility is on an employer to identify and eliminate or minimise risks as far as reasonably practicable. Health and safety plans must be reviewed regularly, and their implementation enforced.

If there are concerns around health and safety in your workplace, it is wise to speak with a professional experienced in the area.

Employer ordered to pay employee over $400,000 compensation after fall…

The District Court has ordered an employer to pay an employee over $400,000 after a fall that left the employee permanently paralysed.

The employer installed an access hatch to a roof that the employee was going to be doing work on.

The employer did not have the hatch inspected by an engineer and it did not meet building code requirements.

When the employee attempted to climb the ladder and use the hatch, he hit his head on the frame, falling 4 metres to the ground.
The employee broke his back as a result of the fall and will never walk again.

Worksafe emphasised the need for employers to complete all work up to code, and use the appropriate professionals to do so. If the employer had used an engineer to assess the hatch before it was used, the entire incident could have been avoided.

The Court ordered the employer to pay the employee $110,000 in reparations and $294,514 in consequential loss.

It is important for employers to make sure any equipment they expect their employees to use is safe, and any associated hazards have been minimised. Failure to do so may result in significant penalties.