Published 01 May 2023
Formal proof hearing — failing to ensure health and safety of workers — failing to ensure regulator of notifiable event — failing to ensure site of notifiable event remained undisturbed — strict liability offending — "PCBU" — "reasonably practicable" — "notifiable event" — "notifiable injury or illness" — Health and Safety at Work Act 2015, ss 17, 22, 36(1)(a), 48(1) 48(2)(c), 49, 54, 55(1), 55(4)(b), 56(1) & 56(6)(b) — Health and Safety Inspector v Stevedoring Services (Nelson) Ltd DC Blenheim CRN3006006594, 13 July 1994 — Department of Labour v Eaden [1995] DCR 801 — Ministry of Business, Innovation and Employment Departmental Disclosure Statement: Health and Safety Reform Bill (10 March 2014). The defendant construction company faced charges of failing to ensure the health and safety of its workers, failing to ensure the regulator of a notifiable event, and failing to ensure that the site of a notifiable event remained undisturbed. The prosecutor launched an investigation into the defendant after learning of an incident in which one of the defendant's workers was injured. During the investigation the prosecutor interviewed the defendant's managing director and several of its employees. The prosecutor learned that the accident had occurred because the defendant lacked adequate equipment for workers working at height. Also the victim and his co-workers were not properly trained in the safe use of the equipment. Although the defendant made no appearance at the hearing, the Court was able to find the defendant guilty on all counts given that the offences were strict liability. The Court scheduled a future sentencing hearing. Judgment Date: 8 July 2022.
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