Being a PCBU having a duty to ensure, so far as reasonably practicable, the health and safety of workers who work for the PCBU, including the victim, while the workers were at work in the business or undertaking, namely operating the North Blast Freezer, did fail to comply with that duty, and that failure exposed the workers to risk of death or serious injury arsing from the uncontrolled descent of a steel frame at the back end of the North Blast Freezer.

It was reasonably practicable for the defendant to have:

1. Ensured a suspended crate could not drop from the back of the North Blast Freezer
2. Prevented relevant workers from entering the area where a suspended crate could drop from the back of the North Blast Freezer
3. Educated relevant workers about the risk of a suspended crate dropping
4. Identified the risk of a suspended crate dropping on a worker and taken one or more of the preventative steps at particulars (a) to (c).