Sentencing — failing to ensure health and safety of workers — toxic gas exposure — hydrogen sulphide — Health and Safety at Work Act 2015, ss 48 & 150 — Sentencing Act 2002, s 32(1)(e) — WorkSafe New Zealand v Tasman Tanning Company Limited [2017] NZDC 24398, [2018] DCR 914 — Stumpmaster v WorkSafe New Zealand [2018] NZHC 2190. The defendant company faced sentence on a charge of failing to ensure the health and safety of its workers. One of the defendant's employees died from inhaling hydrogen sulphide gas while treating hazardous waste. The defendant had failed to properly identify the hazardous waste prior to the victim beginning his treatment work. This meant that the victim had been under the impression that the waste was less toxic than it was, and failed to take adequate precautions. The defendant's gas detection alarm sounded several times on the day of the incident, but the response from the defendant's staff was ad hoc and unplanned. An investigation by the prosecuting agency showed that the defendant did not have a system to ensure that waste was properly identified; did not properly assess waste; lacked proper systems for the safe use, handling and storage of waste; did not properly monitor gas levels; failed to ensure that its workers used proper protective equipment; and failed to provide its workers proper supervision and training. The Court ordered reparations of $350,000 to the victim's family members, of which the defendant had already voluntarily paid $150,000. The Court also ordered reparations of $10,000 to the victim's work supervisor. Given the seriousness of the hazard and the failings of the defendant, the Court found the defendant to be in the upper range of high culpability. The start point for fine was $850,000; with reductions for guilty plea, payment of reparations, remorse, good safety record and remedial steps, the final fine totaled $450,000. Judgment Date: 31 May 2022.