Sentencing — failing to ensure health and safety of workers — exposing workers to risk of death — straddle driver — tipping accident — Stumpmaster v WorkSafe New Zealand [2018] NZHC 2020. The defendant company appeared for sentencing on a charge of failing to ensure the health and safety of its workers, thereby exposing its workers to the risk of death. The charge arose from an incident where the driver of a straddle (a mobile crane unit) tipped over his vehicle. The driver (the victim) was not wearing a seatbelt, and as a result he fell out of his seat, suffered serious injuries and died several days later. Subsequently WorkSafe launched an investigation into the incident, and learned that there were numerous gaps in the defendant's training of its straddle drivers. These included failing to train its drivers on how to perform tight turns without tipping; failing to provide its drivers with a training manual for their straddle; and failing to adequately monitor driver compliance with rules banning use of cellphones and ensuring the use of seatbelts. The defendant also operated a bonus system that encouraged its drivers to work as fast as possible at the expense of safety. The Court assessed total reparations at $130,000; $80,000 to the victim's son, $20,000 to another of his relatives and $30,000 to the rest of his family. The Court also awarded $6000 to the victim's former partner for expenses. Turning to the amount of fine, the Court found that the defendant knew about the dangers of tipping and that the potential for a fatal accident was obvious. There were obvious steps that the defendant could have taken to reduce the risk. The Court assessed the defendant's culpability at the mid-range of high, and set the start point for fine at $850,000, with a five per cent uplift for previous offending. The defendant's guilty plea and other mitigating factors reduced the final fine to $540,000, as well as $5000 in costs to the prosecution. Judgment Date: 4 December 2020.