Consultants Prosecuted for Driver’s Traumatic Head Injury
- Business Central
- Oct 28, 2024
- 2 min read
Updated: Nov 5, 2024
A traumatic brain injury suffered by a Taranaki worker has resulted in New Zealand’s first successful prosecution of a health and safety consultant. Safe Business Solutions (SBS) appeared in the New Plymouth District Court, where it was sentenced under the Health and Safety at Work Act 2015. The company was fined $70,000 and ordered to pay reparations of $28,403 for failing to protect a worker from serious injury or death.
SBS had been contracted as the health and safety consultant for Westown Haulage, where Grant Bowling worked as a driver. In August 2020, Bowling was knocked unconscious by the bucket of an agricultural vehicle. He suffered two brain bleeds, lost his sense of taste and smell permanently, and was later diagnosed with post-traumatic stress disorder (PTSD).
In a previous 2020 sentencing, Westown Haulage and Westown Agriculture had already been fined $270,000 and ordered to pay reparations of $50,000 in connection with the same incident. However, SBS initially denied any charges, arguing it had recognised the need for a traffic management plan and had committed to providing one. Despite this, the court found that the plan had not been implemented six months after the initial risk assessment, contributing to Bowling’s accident.
A WorkSafe investigation revealed that SBS had failed to take necessary steps to mitigate the risks posed by uncontrolled traffic at the worksite. Beyond installing a small speed sign at the entrance, no significant safety measures were put in place. According to WorkSafe’s area investigation manager, key traffic control measures could have prevented the accident.
“One-way systems, clear separation between vehicles and pedestrians, designated crossing points, and speed bumps are all examples of simple safety measures that could have avoided the incident and its serious consequences for Mr Bowling.”
This case underscores WorkSafe’s role in ensuring that businesses and organisations manage workplace health and safety risks effectively. WorkSafe emphasised that consultants who offer specialized advice are also legally responsible for the safety of workers, and businesses must ensure they hire consultants who can deliver on their promises.
“Businesses paying for specialist health and safety advice need to understand that both they and their consultants have responsibilities under the law. You need the right consultant providing the right advice to ensure the safety of workers.”
WorkSafe also pointed out that the Health and Safety Association of New Zealand (HASANZ) is a resource for finding certified professionals who can provide expert guidance on workplace safety.
Under the Health and Safety at Work Act 2015, the maximum penalty for such violations is a fine not exceeding $1.5 million, making SBS’s $70,000 fine a substantial but comparatively modest penalty. The court’s decision is expected to set a precedent, reminding both consultants and employers that identifying risks is not enough; timely and effective action must follow to prevent workplace accidents and ensure worker safety.
