A safety consultancy firm has been sentenced and fined in a landmark case after a Taranaki truck driver was struck and severely injured by an agricultural vehicle.
In August 2020, Grant Bowling was knocked unconscious after being hit from behind and collected by the bucket of a telehandler – an all-terrain vehicle used for lifting loads.
Safe Business Solutions (SBS) was the health and safety consultant for Westown Haulage who employed Bowling as a driver.
The 61-year-old victim suffered two brain bleeds, permanent loss of taste and smell, and was diagnosed with post-traumatic stress disorder.
Westown Haulage Limited and Westown Agriculture Limited were jointly sentenced over the incident in the New Plymouth District Court on November 8, 2022. A fine of $270,000 was imposed, and reparations of $50,000 were ordered
SBS 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, WorkSafe NZ says.
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.
Subsequently, SBS was sentenced at New Plymouth District Court on August 16, 2024, under the Health and Safety at Work Act 2015 – the first sentencing of its kind for a consultancy. A fine of $70,000 was imposed, and reparations of $28,403 were agreed.
“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 area investigation manager Paul West says.
“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.
“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 says.
