WorkSafe New Zealand v Coda Operations Ltd Partnership [2017] NZDC 18902

Published 19 March 2018

Failure to take practicable steps to ensure safety of employee — being a person who supplies to another person plant failed to take all practical steps to ensure the plant was designed made and maintained so that it is safe for intended use — sentencing — death of employee — prosecution by worksafe — Health and Safety Employment Act 1992, ss 6, 18A, 50 & 51A. The defendants were sentenced for the death of an employee of the first defendant who was crushed between two shipping containers when a proximity sensor failed to activate. The court accepted submissions that $110,000 was an appropriate reparation sum but did not accept that the second defendant should be liable to pay reparation, finding that the reparation should be met entirely by the first defendant, the deceased's employer. The court found that the failures of the second defendant could not justifiably be seen as causative of the death. The first defendant was ordered to pay emotional harm reparation of $110,000 and a fine of $52,500; the second defendant was fined $25,600. Judgment Date: 25 August 2017. * * * Note: names have been changed to comply with legal requirements. * * *