In a recent case, a South Island construction company was found to have breached its health and safety obligations following a vehicle accident which resulted in the worker being crushed and killed. The worker was driving a dump truck which veered off the road and down a bank in June 2017.
Following a WorkSafe investigation, the company was found to have:
·Failed to communicate, monitor and enforce vehicle policies, including ensuring workers wore seatbelts and had appropriate licenses for the vehicles they were driving (in this case the worker was not licensed to drive the truck which weighed more than 6 tonnes);
·Allowed the worker to drive trucks on numerous occasions despite being aware of his inexperience and there being risks from driving on dangerous roads in the area.
The company was ordered to pay a fine of $351,563, reparations of $177,735 and costs of $3,500.
If your workers are using vehicles as part of carrying out their duties, it is therefore important that you:
·Have appropriate vehicle use policies in placeand
·Ensure all workers are informed as to the contents of those; and
·Monitor compliance with the policies; and
·Enforce the policies.
The above article was supplied from the May 2019 E2 Law Employment Email. (21 May 2019).