Sentencing — failing to ensure health and safety of workers — exposing individuals to risk of harm or illness — traffic management — fatal collision — emotional harm reparations — Sentencing Act 2002, s 32 — Department of Labour v Hanham & Philp Contractors Ltd (2009) 9 NZELC 93,095. The defendant company appeared for sentence having pleaded guilty to a charge of failing to ensure the health and safety of its workers. The defendant had been contracted to undertake work on state highways in the Bay of Plenty. The charge arose from an incident where a truck travelling along the highway collided with a vehicle at one of the defendant's work sites. The vehicle then struck three of the workers, fatally injuring all of them. There was no traffic management plan in place at the work site, there had been no site safety briefing, and, contrary to the defendant's standard operating plan, no parts of the road had been closed. Also there was no traffic management equipment set up at the work site. The Court ordered emotional harm reparations of $130,000 to the families of each of the three victims, and also consequential losses in varying amounts to each family. The Court considered that the hazard was obvious, and the defendant did not properly address the risks. The start point for fine was $600,000. With reductions for remorse, cooperation with the authorities, payments of reparations, remedial actions and guilty plea, the final fine was $270,000. The Court also ordered costs to the prosecution of $3000. Judgment Date: 21 August 2020