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Safeguard OSH Solutions - Thomson Reuters

Safeguard OSH Solutions - Thomson Reuters



Alert24 - Safeguard Update

CTU: decision should be appealed

CTU: decision should be appealed
Article Type:
Cases
Publication Date:
2013-10-18
Jurisdiction:
New Zealand

Reacting to the decision, CTU president Helen Kelly released a statement saying it lowers the bar for all workers, making them less safe, and has called for MBIE to appeal.

"The agreed facts included in the judgement show little care was taken when Mr Dhaliwal was engaged, including an unclear induction process, no regular system for checking, no easy method of communications and insufficient scrutiny of the employee's ability to safety undertake the job, yet the Court has said all of this is acceptable."

She also criticised the court for finding "excusable" that the security incidents on the site had not been properly examined between the client, Fulton Hogan, and the contractor, CNE Security.

The court's decision, said Kelly, meant that "not having a system, employing someone on the day, leaving them alone in the dark unchecked until four in the morning, and using some shonky, uncertain induction process meets the requirements of the HSE Act."

In doing so, she said, the court had effectively endorsed "the worst kind of sloppy practice", despite an industry expert saying it was not up to industry standard.

"If the test of all practicable steps is a few quick words on a dark night to take care - then any employer is likely to meet it."

"Far from enforcing the positive duty to actively take steps to prevent him from harm, this judge has created an intolerably low threshold of care."

 

People Mentioned:
Helen Kelly
Organisations Mentioned:
NZCTU
Reference No:
131018CA-6784

From Alert24 - Safeguard Update

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