Employers reminded of responsibilities

MEDIA RELEASE

12 March 2009
Employers reminded of health and safety responsibilities on multi-company sites

The Department of Labour is reminding employers who have overall control of a work site that they have health and safety responsibilities for all employees who work there – even if they are employed by someone else.

They also have a responsibility to take all practicable steps to ensure their own employees are not harmed by the actions of another company or its employees

These situations occur frequently in the construction industry where subcontractors work alongside a main contractor.

Department of Labour Northern Regional Workplace Services Manager John Howard says under the Health and Safety in Employment Act 1992 employers are required to take all practicable steps to ensure the safety of employees while at work.

Mr Howard was speaking as Latham Construction (2004) Ltd was fined $45,000 and its director Nicholas Paul Cross was fined $18,000 after being found guilty in the Auckland District Court of failing to take all practicable steps to prevent the death of Faialaga Tanielu. Mr Tanielu, an employee of Latham Construction, died on 26 June 2007 after he was struck by a falling concrete panel at a Mt Wellington construction site.

Judge Aitken did not order either defendant to pay reparation, as between them they had paid $60,000 to Mr Tanielu’s family soon after his death.

On Call Cranes Ltd - which was responsible for the erection of the concrete panel - and its foreman-rigger earlier pleaded guilty to similar charges. Each was fined $5000. The company was ordered to pay $40,000 in reparation to Mr Tanielu’s widow, while its employee was ordered to pay $20,000.

“This is a tragedy that could easily have been prevented,” says Mr Howard. “Had Latham Construction developed a site-specific health and safety plan and ensured its contents were understood and followed by everyone working there, Mr Tanielu may not have died.”

Mr Howard says it is vital that employers do not simply pay lip service to health and safety. In the case of Mr Tanielu’s death, whilst Latham Construction had a health and safety policy, it did little to implement it or ensure that its employees were familiar with its contents.

“A lot of assumptions were made and it was just assumed that people would make the right decisions.

“In situations like this it is vital that a site-specific health and safety plan be developed and acted on. Someone must be authorised to take control and clear lines of communication need to be established so that any issues that arise can be sorted out quickly.”

“Having good plans is not enough. They need to be followed through. Companies need to constantly check that employees are aware of their obligations and observe proper procedures.”

Mr Howard says health and safety is an investment in a business’ most valuable asset: its workforce. “The costs of doing it properly are not great. The costs of not doing so are incalculable — the life of a worker, a family left without a loved one.”

He says 31 New Zealanders lost their lives in workplace deaths in the seven months up to the end of February. “All New Zealanders have an interest in ensuring our workplaces are safer.”

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ENDS

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