Laying charges against officers: a useful strategy?
  • Peter Bateman
    273
    In the May/June edition of Safeguard magazine, Bruce McLaren from Maritime NZ describes a disastrous commercial fishing trip in which the vessel was lost and the crew narrowly escaped with their lives. The maritime regulator laid charges under the HSW Act against the PCBU and against one of its officers. Both were convicted

    Would a greater focus on laying charges against officers be a worthwhile strategy for WorkSafe NZ to adopt?

    You can respond in public here on the Forum, or privately here via a Survey Monkey form.

    An edited selection of responses will be published in the July/Aug edition, but with no names attached. One randomly selected person will receive a prize, namely a copy of the Health & Safety Handbook 2020, published by Thomson Reuters.
    Peter Bateman Options
  • Peter Bateman
    273
    Whoa! I didn't realise the penalty provisions in HSW Act 2015 were so severe :lol:
    Peter Bateman Options
  • Peter Bateman
    273
    ↪Craig Marriott
    The Australian officer convictions have indeed been against small business owners who are 'on the tools' as it were. In that regard it is a similar outcome to those jurisdictions around the world which have introduced the crime of industrial manslaughter: it's the small business owner who gets charged and jailed.

    So far, we can say that directors/officers of large corporates have a near-zero risk of being personally charged with H&S offences or industrial manslaughter.

    I'm not arguing for wielding the big stick, but setting that aside - it doesn't seem fair, does it?
    Peter Bateman Options
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