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A traumatic brain injury by a Taranaki worker has led to the first sentencing of a consultancy under the Health and Safety at Work Act 2015.
A traumatic brain injury by a Taranaki worker has led to the first sentencing of a consultancy under the Health and Safety at Work Act 2015.
Safe Business Solutions (SBS) consultants gave paid health and safety advice to the employer of Grant Bowling, who was knocked unconscious by the bucket of an agricultural vehicle in August 2020.
He suffered two brain bleeds, permanent loss of taste and smell, and was diagnosed with post-traumatic stress disorder.
SBS had identified a “desperate need” for a traffic management plan and had undertaken to provide one, but hadn’t done so by the time of the collision six months later.
A WorkSafe investigation found no steps were taken to manage the risks of uncontrolled traffic, aside from a small sign about speed at the entrance.
As a result, SBS was sentenced at New Plymouth District Court on 16 August 2024. A fine of $70,000 was imposed, and reparations of $28,403 were agreed.
“In this case, the consultants offered active and ongoing management of health and safety risks, but did not deliver work they said they would,” says WorkSafe’s area investigation manager, Paul West.
“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.”
West says that 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,” he concludes.
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