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WorkSafe New Zealand v Oropi Quarries Limited [2016] NZDC 10755

Published 24 November 2016

WorkSafe prosecution — Health and Safety in Employment Act 1992, ss 6, 50(1)(a) and 51A — failing to take all practicable steps to ensure the safety of an employee — death of employee — Department of Labour v Hanham and Philp Contractors Limited (2008) 6 NZELR 79 (HC) — sentencing. The defendant was charged under ss 6 and 50(1)(a) of the Act after an employee was killed whilst driving a dump truck at the defendant’s quarry. Following the sentencing approach in “Philp” the Judge ordered the defendants to pay $100,000 worth of emotional harm reparation and a $63,000 fine. This was a “serious case of its kind…demonstrated by the multiple practicable steps that both defendants failed to take in breach of s 6”. Factors that contributed to the seriousness of the breach included the substandard quality of the truck driven by the victim, the victim’s lack of training and experience and the fact that there was no quarry manager on site at the time of the accident. Judgment Date: 14 June 2016. * * * Note: names have been changed to comply with legal requirements. * * *