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The Safe Side | Issue 38
22/08/2022
After a serious health and safety incident, a company may consider liquidation as a way to escape prosecution. However, the recent prosecution of a director of a liquidated company should serve as a warning that liquidation of the company may not protect its directors and officers from health and safety legal proceedings – especially if they are closely involved in the work that led to the death. In this issue, we cover this as well as two other prosecutions that followed the tragic deaths of children – one after a trailer crashed into a car in Northland and another in the UK where a child died on an inadequately fenced construction site. We also look at the prosecution of a sole trader for failing to provide PPE to a young worker. Finally, we provide a link to new guidance from Australia on communicating health and safety across languages and briefly remind construction sites of the need to secure loose materials before high wind events.
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The Safe Side | Issue 37
29/07/2022
August can be a dangerous month for farmers. In this issue, we look at the current statistics around injury and death in the agricultural sector and provide links to useful guidance. We also report on the sentencings of a farmer who breached the Resource Management Act and a meat processing company that was convicted following the death of a worker in Taranaki. In addition, we have articles on another eye watering fine handed down in the UK, the prosecution of a CEO in Australia that should ring alarm bells for officers of New Zealand companies and the latest enforceable undertaking from the Maritime sector.
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The Safe Side | Issue 36
30/06/2022
This month we take a deeper dive into enforceable undertakings. We look at what they involve, four recent examples and what factors may make a proposed enforceable undertaking more attractive to WorkSafe. We also have articles on two recent WorkSafe prosecutions. The first arose after the tragic death of a worker from exposure to hydrogen sulphide gas and resulted in a very substantial fine and reparation award. The second prosecution followed a worker having her thumb severed in inadequately guarded machinery.
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