A traumatic brain injury suffered by a Taranaki worker has led to a safety consultancy being fined $70,000 and ordered to pay reparations of almost $30,000.
It is the first sentencing of a consultancy under the Health and Safety at Work Act 2015.
A statement from WorkSafe said Safe Business Solutions (SBS) consultants provided paid health and safety advice to the employer of Grant Bowling.
Bowling suffered two brain bleeds, permanent loss of taste and smell, and was diagnosed with post-traumatic stress disorder after being hit by the bucket of a telehandler, an all-terrain vehicle used for lifting loads.
WorkSafe said SBS had identified a "desperate need" for a traffic management plan and had undertaken to provide one. But it hadn’t done so by the time of the collision six months later.
WorkSafe’s area investigation manager Paul West said no steps were taken to manage the risks of uncontrolled traffic, aside from a small sign about speed at the entrance.
“In this case, the consultants offered active and ongoing management of health and safety risks, but did not deliver work they said they would."
“One-way systems, clear separation between vehicles and people, designated crossing points, and speed bumps are measures which could have avoided the incident and the very serious consequences Mr Bowling still lives with.”
SBS was fined $70,000 and reparations of $28,403 were agreed in the New Plymouth District Court last Friday.
West added WorkSafe’s role was to influence businesses and organisations to manage their health and safety risks to keep workers safe. "If they do not manage these risks, we hold them responsible.
"Businesses paying for specialist health and safety advice need to know both they and their consultants have responsibilities under the law. You need the right consultant helping in the right way to get the right outcomes for workers,” West said.
Westown Haulage Limited and Westown Agriculture Limited were sentenced in November 2022 on health and safety charges related to the incident.
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