четверг, 30 апреля 2015 г.

Новая Зеландия (охрана труда). Из-за того что строительные рабочие оставили в канаве у дороги кабель под напряжением погибло 11 овец и 2 собаки, и чуть не ударило током пастуха. Директор компании, которая осуществляла указанные работы наказан 4-мя месяцами домашнего ареста. Сама компания оштрафовано на 60 тыс.

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Case Study: NZ shepherd narrowly escapes 


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
Health & Safety Bulletin
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Any process that may pose a safety risk in your workplace
must have a safe operating procedure.
Case Study: Director sentenced to home 

detention for reckless conduct

By Michael Selinger
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 signature
Michael Selinger 
Health & Safety Handbook

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