Being a PCBU having a duty to ensure, so far as is reasonably practicable, the health and safety of workers who work for the PCBU, including Michael Brown, while the workers were at work in the business or undertaking, namely the use of a Kato Crane during construction work, did fail to comply with that duty, and that failure exposed workers to a risk of serious injury or death.

It was reasonably practicable for CLL Service and Solutions Limited to have:

• ensured an adequate lift plan was in place and complied with
• ensured it had adequate systems in place to effectively identify, manage, assess, and control the risks and hazards associated with fatigue.