WorkSafe New Zealand v Delta Utility Services Ltd [2016] NZDC 9452

Published 28 September 2016

Prosecution by WorkSafe — Health and Safety in Employment Act 1992, ss 6 and 50(1)(a) — Health and Safety at Work Act 2015, s 151 — quantum of fine and reparation — Department of Labour v Hanham & Philp Contractors Ltd (2008) 6 NZELR 79 HC — Sentencing Act 2002, s 32. The defendant was ordered to pay $35,000 in reparation and a shortfall payment of $14,600 for consequential loss following an accident where the victim fell off a ladder at work as a result of arc flash. The victim had suffered serious physical and emotional injuries. The company claimed that the injuries were caused by the victim's failure to to test that a line was live and had failed to adhere to work-at-height policies.The Judge accepted that if there had been a policy in place to eliminate the hazard as the primary control, then regardless of the failures of the victim the accident may not have happened. The defendant was fined $35,000 after reductions were made for mitigating features and guilty plea (Philp considered).