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occupational health and safety law

liable for death?

Could your company be liable for its employee's death? To find out please contact us at Barbara Buckett and Associates.

A Christchurch company has recently been fined up to $100,000 after a 4.6 tonne concrete panel crushed Clayton Hardaker's, an employee, head while he was working on a demolition site at the Port of Lyttleton in November 2004. Mr Hardaker's death cost his South African partner her right to live in New Zealand.

According to an article pubilshed in the Christchurch Press on 30 August 2005, the Occupational Health and Safety prosecutor informed the Christchurch District Court that the risk of danger posed by the concrete panel was obvious and identified by Mr Hardaker's employer, Smith Crane and Construction Ltd.

As a result of the employer's high culpability leading to the fatal accident, the prosecutor called for a fine of up to $100,000. During a hearing to be held in September, the Court will look at whether or not to impose an additional liability on Smith Crane and Construction Ltd for Mr Hardaker's partners living costs.

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Disclaimer: This article is necessarily brief and general in nature. You should seek professional advice before taking any action in relation to the matters dealt with in this publication. Please refer to our Legal Notices.

 


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