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Case Study: NZ shepherd narrowly escapes
electrocution
Thursday, 30th April, 2015, by Alanna Furlan
In today's Health & Safety Bulletin:
- Case Study: Director sentenced to home detention for reckless conduct
Dear Reader,
New Zealand is set to introduce legislation similar to the Australian Work Health and Safety (WHS) Act, with an aim to reduce workplace injuries and deaths by 25% by 2020. The Health and Safety Reform Bill is currently before the NZ Parliament and is expected to be passed later this year.
As Michael Selinger explains in today’s Health & Safety Bulletin, a recent case in New Zealand, in which the reckless conduct of a company and its director resulted in the death of 11 sheep and two dogs – and very nearly electrocuted a shepherd – may set an example for how Australian officers could be sentenced under the WHS Act.
Until next time,
Alanna Furlan
Editor
Health & Safety Bulletin
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Case Study: Director sentenced to home
detention for reckless conduct
By Michael Selinger
Editor-in-Chief, Health & Safety Handbook
Editor-in-Chief, Health & Safety Handbook
The NZ District Court’s recent decision to sentence a director to home detention may provide an insight into sanctions which will be imposed on reckless officers in Australia under the WHS Act.
The case
In December 2013, Britton House Movers Ltd was in the process of moving a house when a live power line fell on the roof. One of its workers, who was not wearing personal protective equipment, used a stick to move the power line out of the way, letting it fall into a roadside drain. The house was then relocated, but the live power line remained obscured in the drain without anyone erecting signage or notifying the electricity authorities.
Some time later, a shepherd and farmer attended the site with their dogs and sheep. Eleven sheep and two sheepdogs were electrocuted by the power line and the shepherd narrowly avoided being electrocuted himself when he reached out to grab the sheep, but was pulled back by the farmer. After being informed of the incident, Britton House Movers put some safety cones around the live wire, but failed to notify the authorities. Instead, the farmer was left to notify them.
The verdict
In sentencing the company and its director, Mr Arthur Britton, the District Court took into account the fact that the company had been involved in a similar incident before and had been warned about its failure to take no preventative action when it had previously damaged electrical wires. The Court considered the actions of Mr Britton to be reckless and agreed with the prosecutor that a significant penalty had to be imposed for that reason, and to serve as a deterrence for others.
Although the Court did not agree with the prosecutor that a 2-year imprisonment was justified, it initially considered imposing a 1-year sentence, which was reduced to 4 months’ home detention after hearing the director’s guilty plea. The company also lodged a guilty plea and was fined $60,000.
Lesson to employers
This case highlights the fact that courts may consider reckless behaviour by a business and its officers to warrant a custodial sentence. With the first few cases under the WHS Act starting to come through the courts in Australia, this decision in New Zealand may serve as a guide to the types of sanctions that will be imposed on officers that act recklessly in relation to the safety of others.
You should remain vigilant as to whether your workers are following safe work procedures, and ensure that safety concerns raised by third parties, such as members of the public, are taken seriously.
Warm regards,
Michael Selinger
Editor-in-Chief
Health & Safety Handbook
Michael Selinger
Editor-in-Chief
Health & Safety Handbook
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Health & Safety Bulletin ISSN 1837-6533
Portner Press Pty Ltd
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Albert Park VIC 3206
Australia
The information in this email is intended solely for the addressee. Access to this email by anyone else is unauthorised. If you are not the intended recipient, please return the message to the sender and delete it from your records. All content is © 2007-2015 Portner Press Pty Ltd All Rights Reserved.
Disclaimer: We research our recommendations and articles thoroughly, but disclaim all liability for any inaccuracies or omissions found in our publications. Click here to view our Privacy Policy and Terms and Conditions.
Queries: For general enquiries, email cs@portnerpress.com.au or call 1300 782 911.
Health & Safety Helpdesk: Paid subscribers to the Health & Safety Handbook can ask our experts for advice.
Syndication: To republish an Health & Safety Bulletin article, please email cs@portnerpress.com.au for information.
Health & Safety Bulletin ISSN 1837-6533
Portner Press Pty Ltd
96-98 Bridport Street
Albert Park VIC 3206
Australia
