Health and Safety: Year at a Glance

With the year drawing to a close, we recap Health and Safety activity for 2017, including six sentencings for breaches of the new Health and Safety at Work Act (Act) and six enforceable undertakings that have been accepted by WorkSafe.

Sentencings in 2017
WorkSafe New Zealand v Rangiora Carpets Ltd
  • Set culpability bands:
    • Low $0 to $150,000
    • Low/Medium $150,000 to $350,000
    • Medium $350,000 to $600,000
    • Medium/High $600,000 to $850,000
    • High $850,000 to $1,100,000
    • Extremely High $1,100,000 +
  • Fine of $157,000
  • Reparation of $20,000
  • Prosecution costs of $1,228
Worksafe New Zealand v Budget Plastics (New Zealand) Ltd
  • Fine of $100,000
  • Reparation of $37,500
  • Prosecution costs of $1,000
WorkSafe New Zealand v Burrows
  • Reparation of $25,726
WorkSafe New Zealand v The Tasman Tanning Company Limited
  • Fine of $380,000
  • Reparation of $18,000
WorkSafe New Zealand v Dimac Contractors Limited
  • Fine of $90,000 (The Court took the financial position of the business into account and reduced the fine)
WorkSafe New Zealand v Lindsay Whyte Painters and Decorators Limited
  • Fine of $50,000
  • Reparation of $20,000
Average
  •  Fine of $155,400 (excluding Burrows)
  • Reparation of $24,245 (including Burrows and excluding Dimac)

 

Enforceable undertakings in 2017
Directionz Ltd, 11 October 2017
  • $233,674.18
Metropolitan Waste (Waikato) Limited, 6 October 2017
  • $74,786.60
Zespri International Limited, 19 September 2017
  • $249,500
National Aluminium Limited, 10 July 2017
  • $129,114
Amcor Flexibles (New Zealand) Limited, 26 April 2017
  • $116,712
St Kentigern Trust Board, 5 April 2017
  • $85,682.88
Average 
  • $148,245.00

While these decisions give some guidance, we are still waiting for more cases to be decided in order to fully understand what the courts approach to the Act will be.  If you have questions about this update or the Health and Safety at Work Act 2015 generally, our team would be happy to assist you.

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