KB Irrigation Ltd was yesterday fined $20,000 and ordered to pay $83,000 to the widow and children of a man killed in an irrigation trench on a North Otago farm in 2006.
KB Irrigation appeared for sentence before Judge Stephen O'Driscoll in the Oamaru District Court after admitting a charge of failing to take all practicable steps to ensure the safety of its employee, Rod O'Connor, while at work.
Mr O'Connor was killed when he was trapped in a collapsed trench on July 11, 2006, while working on repairs to an irrigation scheme.
Earlier this year, Rooney Earthmoving Ltd was acquitted on three charges relating to his death.
When contacted after sentencing, O'Connor family spokesman Nick O'Connor said the family did not want to comment on the verdict.
"We're just pleased today has happened and we can move on. It's another step forward for the family and we can try and move our lives on."
The family was concerned it had taken two and a-quarter years to get to yesterday's sentencing. They would like to see the system reviewed so other families did not have to endure what they had, he said.
In sentencing, Judge O'Dris-coll said he was mindful nothing he could say and no figure in terms of reparation or fine would change the tragedy that occurred.
It had caused suffering, pain and grief and would continue to do so.
The appropriate reparation to be paid to Mr O'Connor's wife and their three children was $120,000 - $70,000 for economic loss and $50,000 for emotional harm.
From that figure, he deducted $37,000 which the company had already paid to the family.
In respect of the fine, Judge O'Driscoll said there was a need for general deterrence as there were "far too many" workplace accidents occurring in New Zealand.
It would not have been difficult to monitor and supervise Mr O'Connor. He accepted the company had no previous convictions and it was unlikely to offend again. He also imposed court costs of $130 and a solicitor's fee of $250.
Counsel for KB Irrigation, Garth Galloway, said the company had a policy which warned employees to be careful about the dangers of collapsing trenches and it was not a case where risk was not recognised.
From interviews, it became clear the company had a rule if a trench was over 1m deep, employees were not to go into it.
Mr O'Connor knew of the dangers involved in climbing into an unshored trench, Mr Galloway said.
The Department of Labour acknowledged Mr O'Connor contributed significantly to the accident and Mr Galloway said he made that submission with great reluctance, conscious of O'Connor's family being in court.
The company accepted its responsibility for the accident by saying it should have supervised his work more closely.
Mr O'Connor was very safety conscious, responsible and a highly regarded employee.
• In a statement, Department of Labour Dunedin acting service manager Adrian Mair said it was the second court sentencing this week where the department had prosecuted after the death of a worker buried in a collapsed trench.
Employers needed to "wake up" to the potentially devastating human cost of ignoring responsibilities to ensure workers were not exposed to such hazards.
"Just expecting staff to be careful is not enough. Employers have a duty to ensure they have effective health and safety systems in place.
"Employers also need to adequately supervise and monitor employees, ensure employees are adequately trained and follow the relevant codes of practice and industry best practice," Mr Mair said.
