Nelson marine engineering firm Nalder and Biddle is the first company in New Zealand convicted for failing to provide a safe work environment, after an employee broke down from work-related stress.
Nalder and Biddle admitted the charge in the Nelson District Court yesterday, was fined $8000, and ordered to pay
reparation of $1300 to the employee. It is the first prosecution of its type under the Health and Safety in Employment Act, for which the maximum fine is $250,000.
The Department of Labour's Occupational Safety and Heath (OSH) service charged the company after the woman employee was diagnosed as suffering depression and hypertension as a result of work-related stress.
OSH national operations manager Mike Cosman said the mental and physical harm the woman suffered was the direct result of work pressures and poor work organisation, which the company failed to deal with despite numerous complaints.
The woman's workload had made her ill.
"She was working in an environment where poor communication was the norm, and the work culture was non-supportive," Mr Cosman said after the conviction.
Being busy or challenged, or working long hours, were not bad things "but when it starts to cause mental or physical harm, an employer is obliged to act", he said.
Amendments to the act in 2002 clarified the definition of harm to include any mental or physical harm caused by work-related stress.
It was now a hazard that required managing, just like unsafe machinery or chemicals, Mr Cosman said.
"This does not mean staff should be feather-bedded."
Prevention was the key and communication between employees and management was essential.
- NZPA
