New Plymouth District Court Photo: NZME / Tara Shaskey
A traumatic brain injury suffered by a Taranaki worker has led to the first successful prosecution of a health and safety consultant.
Safe Business Solutions (SBS) appeared in the New Plymouth District Court on Friday for sentencing on charges laid under the Health and Safety at Work Act 2015.
SBS was fined $70,000 and ordered to pay reparations of $28,403 for exposing an individual to risk of serious injury or death.
The company was the health and safety consultant for Westown Haulage who employed Grant Bowling as a driver.
He was knocked unconscious by the bucket of an agricultural vehicle in August 2020.
Bowling suffered two brain bleeds, permanent loss of taste and smell, and was diagnosed with post-traumatic stress disorder.
In 2020, Westown Haulage and Westown Agriculture were jointly sentenced over the same incident and fined $270,000 and order to pay reparations of $50,000.
SBS initially denied the charges against it.
The health and safety consultant 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.
"In this case, the consultants offered active and ongoing management of health and safety risks, but did not deliver work they said they would," WorkSafe's area investigation manager Paul West said.
"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."
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, it held them responsible, West said.
"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 the Health and Safety Association was a source of professionals who could give expert advice.
The maximum penalty was a fine not exceeding $1.5 million.