In Asker v Bluebire the employer was fined $30,000 after supervisors failed to inform management of a safety issue and instructed a worker to modify equipment without proper analysis.
A sidewall was inadequately prepared and there was a known risk that it would break if it was lifted. The problem was partly rectified, however, the wall was not adequately prepared to be lifted. Day shift workers were not alerted to the risk and the sidewall was attached to a crane and fell crushing an employee’s arm.
It was found that the informal modification of the lugs attached to the wall in an area in which employees must work was not a safe system of work. While the lifting processes in place were safe, the failure to notify management of the problems with the lugs prevented an investigation into the safety of the lifting of the lugs by management.
The employee was lucky to survive and the employer was fined $30,000. There needs to be adequate communication of potential safety problems between supervisors and management in order for risks to be investigated and eliminated. The failure to alert management of safety problems can result in disastrous consequences to employees, and prosecution to the employer. In the above case the lifting procedures were safe, however, the failure to pass on information resulted in an injury that could have been avoided.