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In a landmark case, a health and safety consultancy firm has been sentenced under the Health and Safety at Work Act 2015 (Act) for the first time regarding a traumatic brain injury that happened in 2020. SBS was charged under sections 36(2), 48(1) and 48(2)(c) of the Act.

Background:

Safe Business Solutions (SBS) were engaged as a health and safety consultant for the injured employee’s employer and had identified a desperate need for traffic management plan and undertaken to provide one. However, at the time of the accident, no steps to provide a plan had been taken other than a small sign about speed at the entrance.

WorkSafe’s area investigation manager commented “In this case the consultants offered active and ongoing management of health and safety risks, but did not deliver work they said they would”

He went on to say, “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 [the employee] still lives with”.

In 2020 the employer and another entity were jointly sentenced and fined $270,000 and ordered to pay reparations of $50,000. SBS was also charged with exposing an individual to risk of harm but pleaded not guilty.

Outcome:

SBS was sentenced after changing its plea to guilty, and ordered to pay a fine of $70,000 and $28,403 in reparations.

A Message to Employers

This case is of interest given it involves prosecution of a health and safety consultancy, for the first time.

If you are a consultancy company and would like to discuss what this means for you, please contact our team.

Disclaimer: We remind you that while this article provides commentary on employment law, health and safety and immigration topics, it should not be used as a substitute for legal or professional advice for specific situations. Please seek legal advice from your lawyer for any questions specific to your workplace.

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