Judge-alone trial — failing to ensure health and safety of other persons — failing to conduct appropriate risk assessment — failing to implement safe system of work — driver impaired visibility — “white out” — "reasonably practicable" — Health and Safety at Work Act 2015, ss 22, 30, 36(1), 48(1), 48(2)(c), 222 & 226 — Fertiliser Association Code of Practice — Fertiliser Association Manual for Fertiliser use of Dairy Farms — Safety Data Sheet for Agricultural Lime — WorkSafe New Zealand v Mt Somers Sand Ltd [2021] NZDC 16270 — Baiada Poultry Pty Ltd v R [2012] HCA 14. The defendant faced a charge of failing to ensure the health and safety of other persons. The charge arose from an incident where the defendant had been engaged in spreading lime fertiliser on a farm. A cloud of the fertiliser was blown across a nearby road, causing white out driving conditions and resulting in a car crash in which one person was killed. The charge alleged that the defendant had failed to undertake an effective risk assessment of the work site, and had failed to implement a safe system of work for spreading the fertiliser, thereby exposing nearby drivers to a fatal hazard. The Court heard evidence from the other drivers who were involved in the accident, the defendant's general manager of operations, and a meteorologist. It also viewed documentary evidence on industry practice on spreading fertiliser. The prosecution argued that the defendant had ignored weather forecasts, had failed to follow industry guidance, and should have taken further steps to ensure that it was spreading the fertiliser in a safe manner. The defendant argued that it had taken all reasonably practicable safety steps, and that it was unrealistic to expect it to rely too heavily on a weather forecast. The Court found that the risks caused by wind drift were well-known within the fertiliser-spreading industry. The defendant had chosen to proceed with the spreading despite a forecast predicting winds blowing towards the road. It was not enough for the defendant to rely on its employee who was engaged in spreading the fertiliser to stop spreading if the wind seemed too strong. The Court found the charge proved. Judgment Date: 1 June 2022