Worksafe v Kuehne Nagel Ltd [2018] NZDC 20761

Published 16 April 2019

WorkSafe Prosecution — sentencing — PBCU — Stumpmaster v WorkSafe New Zealand [2018] NZHC 2020 — Department of Labour v Hanham & Philp Contractors Ltd [2008] 6 NZELR 79 — WorkSafe New Zealand v Freight Haulage Limited [2016] NZDC 6600 — WorkSafe New Zealand v Nutrimetrics International (New Zealand) Ltd [2018] NZDC 4972 — Health and Safety at Work Act 2015, ss 36 & 48. The defendant company faced sentencing having pleaded guilty to one charge of contravening the Health and Safety at Work Act. A truck driver's leg and foot had been crushed by a fork hoist. The defendant company failed to: (i) Develop, implement, and communicate to forklift operators and truck drivers and monitor compliance with a safe system of work for loading trucks at its site, and (ii) Enforce compliance with the requirement that truck drivers remain in driver safe zones, whether permanent or temporary, while their trucks were being loaded until loading was completed. The Judge determined the appropriate amount for reparations was $20,000, given the defendant had already met the shortfall of ACC payments. In assessing the fine, the Judge looked to the bands defined in Stumpmaster and reached a starting point of $420,000. The Judge found the defendant's previous offending was sufficiently historic and unrelated as not to warrant an uplift. A 20 percent discount was given for reparations and remorse, co-operation, and remedial steps taken. A further 25 percent discount was granted for a guilty plea, bringing the end fine to $252,000. Costs in the sum of $4,530 were also awarded to WorkSafe. Judgment Date: 1 October 2018.