Racing Club’s Failure to Act Is a Lesson for Other Employers
More than $135,000 in fines, reparations and court costs were assessed a racing club in Palmerston North District Court for failure to prevent the escape of two horses from a training facility onto a busy road near Awapuni race track.
The Department of Labour prosecuted Racing at Awapuni and Trentham Combined Enterprise following an incident two years ago when two horses escaped from a race track on to the nearby Pioneer Highway. One horse collided with a car killing the driver instantly. The second horse also collided with a car whose driver was uninjured but the car was extensively damaged.
“This incident was totally preventable,” said Department of Labour Palmerston North Workplace Services Manager Dave Hinchcliffe-Chen. “A previous escape six months earlier should have alerted the racing club to the potential for serious harm. However, it failed to act and a death was the result.” Hinchcliffe-Chen said it should not take a serious injury incident or a death for employers or others in control of a workplace to take their health and safety responsibilities seriously.
Although the racing club is a non-profit entity, Hinchcliffe-Chen said it had the same legal obligation as other businesses to identify hazards in its workplaces and then to take all practicable steps to eliminate, isolate or minimize them. “While the Department acknowledges the club now has taken steps to keep horses secure, it is unfortunate that it took a death for it to act. This case shows that employers need to anticipate hazards and act proactively to minimize or eliminate the possibility of harm resulting from them. (workersxzcompxzkit)
A judge ordered the club to pay $60,000 reparation and $3,045 for financial losses to the decease’s family; $5,000 to a passenger in his car; and $3,000 in reparation and $3,100 for financial losses to the second driver.
In addition, the club was fined $60,000 and ordered to pay $1,250 prosecution costs and $130 court costs.
While satisfied with the outcome, Hinchcliffe-Chen said the incident had resulted in the loss of a loved husband and father.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: [email protected] or 860-553-6604.
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