Category: Employment Issues

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Deadly roller door collapse was preventable

Source: Worksafe New Zealand

A substandard roller door installation has caught up with an Auckland business, in what WorkSafe says is a tragic consequence of poor workmanship.

It involves a powered roller grille door which fell from its fixings and killed pastor Helen Verry at Church Unlimited in Glendene in January 2022. The 44-year-old had been trying to close the door by pulling the hand chain, as the motor was not working at the time.

A WorkSafe investigation found the 273-kilogram roller was fixed through a piece of plywood and gib board with coach screws that were too short to properly hold up the weight.

The installer, Scotty Doors Limited, failed to ensure that the appropriate type of fastener was used to secure the roller grille door. More consideration should have been given to the type and length of screw being used, given the presence of the plywood. The length of the screws at one end of the roller door failed to comply with the Building Code, due to the thinness of the plywood.

“Installation is core business for Scotty Doors, and it should have identified that the roller grille door was not installed safely or in compliance with the Building Code,” says WorkSafe’s area investigation manager, Steve Kelly.

A registration form signed on behalf of Scotty Doors noted that the roller had been installed in the church lounge and that checks had been completed, including that the door was attached to a solid fixing.

“This case is a stark example of how serious the consequences of poor workmanship can be. If you contribute to unsafe work you will be held to account. Businesses have a responsibility to consider the health and safety of the people who will ultimately be reliant on their product when installing, building, or commissioning structures for use at work,” says Steve Kelly.

The company was prosecuted under the Health and Safety in Employment Act 1992, the legislation in place at the time of the March 2009 installation. A similar failure occurring today would be subject to much tougher penalties under the Health and Safety at Work Act 2015.

Read how the Building Code applies to commercial and industrial roller doors(external link)

Background:

  • Scotty Doors Limited was sentenced at Waitakere District Court on 19 August 2024.
  • A fine of $41,250 was imposed, and reparations of $162,000 ordered
  • Scotty Doors was charged under sections Sections 18A(3) and 50(1)(a) of the Health and Safety in Employment Act 1992
    • Being a person who supplied plant, namely a powered roller grille door, to another person to be used in a place of work, who agreed to install the plant, having a duty to take all practicable steps to install the plant so that it was safe for its intended use for workers, including Helen Verry, did fail to comply with that duty.
  • The maximum penalty is a fine not exceeding $250,000.

Media contact details

For more information you can contact our Media Team using our media request form. Alternatively, you can:

Phone: 021 823 007 or

Email: media@worksafe.govt.nz

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Human rights review confirms widespread migrant worker exploitation

Source: Council of Trade Unions – CTU

The NZCTU Te Kauae Kaimahi is calling on the Government to take immediate action to end migrant worker exploitation in Aotearoa following the release of the Human Rights Commission review of the Accredited Employer Work Visa (AEWV) scheme.

“The report provides compelling evidence that workers are being exploited as a consequence of the AEWV policy settings, and that a few tweaks to the system won’t work – it requires a fundamental overhaul,” said NZCTU President Richard Wagstaff.

“Workers are currently losing pay, living in poverty, and sliding into an informal economy where they are exploited with little or no pay and long hours, and are being verbally and physically assaulted.  Workers have been repeatedly denied access to union representation and have failed to have their rights upheld.

“These policy settings are completely in the Governments hands – so it could end that exploitation if it chose to. The CTU is calling on the government to respond immediately to the findings of this report, meaningfully consult with migrant workers, community groups, and unions, and set out how it will implement the recommendations.

“The report repeatedly cites strong government and business relationships with unions as an effective means of supporting migrant workers and preventing their exploitation. Regulations must ensure that unions have rights to access workplaces to bring unjust practices to light.

“There must be proper resourcing for the parts of government responsible for labour rights, migrant exploitation, and prosecuting employers who don’t play by the rules.

“Concerns about the potential for human trafficking are confirmed in this review, and the need to implement modern slavery legislation. Unfortunately, we have a Prime Minister and Minister for Workplace Relations and Safety who have said modern slavery is “not a priority”.

“Every worker deserves to be treated with fairness and respect and has a right to a workplace that is free of exploitation and abuse. There is no place for migrant exploitation in a decent society,” said Wagstaff.

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Electrical and gas accidents 2023 annual report now available

Source: Worksafe New Zealand

Our electrical and gas accidents annual report for 2023 is now available. It analyses trends and highlights risks from electrical and gas accidents.

During 2023, 7 notifiable and 10 non-notifiable accidents in New Zealand were reported to WorkSafe’s Energy Safety team, comprising:

  • 2 electrical notifiable accidents (non-fire), which resulted in injury to 2 people
  • 2 notifiable and 5 non-notifiable LPG accidents, which resulted in injuries to 2 people
  • 3 notifiable and 5 non-notifiable natural gas accidents, which resulted in injury to 1 person.

Since 1993, electrical and gas (natural and LPG) accidents in New Zealand have been analysed according to high-risk groups to provide information about trends, frequency, common causes and severity.

Read the annual report

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Landmark sentencing puts safety advisors on notice

Source: Worksafe New Zealand

A traumatic brain injury suffered by a Taranaki worker has led to the first sentencing of a consultancy under the Health and Safety at Work Act 2015.

Safe Business Solutions (SBS) consultants gave paid health and safety advice to the employer of Grant Bowling, who was knocked unconscious by the bucket of an agricultural vehicle in August 2020. He suffered two brain bleeds, permanent loss of taste and smell, and was diagnosed with post-traumatic stress disorder.

SBS had identified a “desperate need” for a traffic management plan and had undertaken to provide one, but hadn’t done so by the time of the collision six months later. A WorkSafe investigation found no steps were taken to manage the risks of uncontrolled traffic, aside from a small sign about speed at the entrance.

“In this case, the consultants offered active and ongoing management of health and safety risks, but did not deliver work they said they would,” says WorkSafe’s area investigation manager, Paul West.

“One-way systems, clear separation between vehicles and people, designated crossing points, and speed bumps are measures which could have avoided the incident and the very serious consequences Mr Bowling still lives with.”

WorkSafe’s role is to influence businesses and organisations to manage their health and safety risks to keep workers safe.  If they do not manage these risks, we hold them responsible.

“Businesses paying for specialist health and safety advice need to know both they and their consultants have responsibilities under the law. You need the right consultant helping in the right way to get the right outcomes for workers,” says Paul West.

The Health and Safety Association (HASANZ) is the source of professionals who can give expert advice.

Read about the 2022 sentencing in this case
Read WorkSafe’s guidelines on managing workplace traffic
Find an advisor on the Health and Safety Association register(external link)

Background: 

  • Safe Business Solutions was sentenced at New Plymouth District Court on 16 August 2024.
  • A fine of $70,000 was imposed, and reparations of $28,403 were agreed
  • Safe Business Solutions was charged under sections 36(2), 48(1) and 48(2)(c) of the Health and Safety at Work Act 2015
    • Between 16 July 2019 and 24 August 2020, at New Plymouth, being a PCBU having a duty to ensure so far as reasonably practicable, that the health and safety of other persons, including Grant Bowling, was not put at risk from work carried out as part of the conduct of the business or undertaking, namely providing health and safety services, failed to comply with that duty, and that failure exposed any individual to a risk of death or serious injury.
  • The maximum penalty is a fine not exceeding $1.5 million.

Media contact details

For more information you can contact our Media Team using our media request form. Alternatively, you can:

Phone: 021 823 007 or

Email: media@worksafe.govt.nz

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Reserve Bank Forecasts a year of recession and higher unemployment

Source: Council of Trade Unions – CTU

The Reserve Bank is forecasting a year of recession and higher unemployment, which is bad news for workers, said CTU Economist Craig Renney.

“In cutting the Official Cash Rate by 0.25% to 5.25% today, the Reserve Bank cited a broad range of indicators suggesting the economy is contracting faster than anticipated. Business investment is due to fall for the next 18 months. Government spending falls for next 15 months, as does residential investment,” said Renney.

“There is a synchronised fall in demand across the economy. Its time to change track. Unemployment is now forecast to rise to 5.4% in June 2025. The previous forecast peak was 5.1% – nearly 10,000 additional people unemployed in just a short period of time. Given the rest of the data in this announcement, this might yet prove an optimistic estimate of where unemployment ends up. Average wages are forecast to rise in real terms by just 0.2% over the next year (instead of 1.7% in the year to June 2023). This is a really worrying set of forecasts.

“It’s now possible to see why the Bank chose to cut. But it looks like the damage has been done – and government policy is making this worse. Inflation is expected to be in the target band inside the next 6 weeks – but cuts to government investment continue for more than a year.

“It’s time to change track. While the fall in interest rates will be provide relief for some, there is a bleak future ahead for working people and the economy unless we change economic direction,” said Renney.

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First Security prison escort and court custodial officers begin industrial action – E tū

Source: Etu Union

E tū members at First Security who work as prison escort and court custodial officers began industrial action yesterday, after the company’s refusal to improve an inadequate offer.

Prison escorts and court custodial officers (PECCs) are responsible for transporting and supervising prisoners between prisons, courts, hospitals, and other locations. They also provide security and custodial services at courts, ensuring the safety of judges, staff, witnesses, and the public.

First Security is offering a pay rise to $30 for the base rate, which is still lower than what other agencies pay, and are refusing the members’ reasonable claims for improvements to sick leave, annual leave, and overtime payments.

The first step of their industrial action is an overtime ban, meaning workers will only do their minimum required hours and not accept further work. As workers do more than 10 hours a day on average, this is expected to have a significant impact on their operations.

Three E tū delegates have said why they’re taking action.

“Our staff are undervalued. All we want is decent conditions and pay, and to be treated fairly,” says Tai Henry.

“We know our job conditions are worse than at other agencies where people are doing similar work to us. But we get worse pay and longer hours. It’s not right. It’s not fair.”

Delegate Tarras Andrews shares the sentiment.

“We’re frustrated. All we’re asking is to have parity with other workers in this industry and come close to the same level,” Tarras says.

Delegate Piilua Sio says the company isn’t giving the workers the respect they deserve.

“First Security is slapping us in the face and not taking us seriously,” Piilua says.

E tū Director Georgie Dansey says First Security needs to step up and value their workers properly.

“The workers at First Security working in prison escort and court custodial services do a very important and skilled job. They work long hours and deserve adequate pay and conditions for the work they do.

“Our members at First Security are frustrated that workers employed elsewhere, doing the same job, have better pay and conditions than they do. We are asking for a decent pay offer, as well as adequate overtime rates that reflect conditions that other workers in the industry have.

“Our members are disappointed at the recent offer which undervalues their work and the value they bring to First Security. Although reluctant to take industrial action, it is a necessary step to ensure that workers in the industry are supported by their employer to do their job.”

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Four deaths prompt quad bike warning

Source: Worksafe New Zealand

WorkSafe is urging rural New Zealand to refocus on the risk of quad bike roll-overs, which have tragically killed four farmers across the country in the past three weeks.

WorkSafe is investigating all four fatalities, the first of which occurred on 18 July in Wairarapa. It was followed by another on 22 July in Canterbury, one on 26 July in Southland, and most recently in Northland on 30 July. All four incidents coincided with the start of lambing and calving season.

“Our sympathy is with every family and community mourning these sudden deaths. Although our investigations are in their early stages, the trend is worrying enough for us to sound the alarm already,” says WorkSafe principal inspector Graham Bates.

“Doing a risk assessment of your terrain and tasks must be the top priority before getting on a quad bike. This is a time of year when we are experiencing variable weather and growth, and variable ground conditions. Sloped surfaces and steep terrain can be especially problematic and have sadly been a factor in some of the recent cases.”

Farm vehicle incidents are one of the top two causes of workplace deaths in Aotearoa, which is why agriculture is a priority sector under WorkSafe’s new strategy. We are targeting the biggest risks and working with the sector to improve health and safety in agriculture.

“Farming consists of a never-ending list of tasks and constant reprioritisation. However, we cannot let those challenges contribute to loss of life or injury. The people with the most power to influence this are those on the ground each day doing the work,” says WorkSafe’s Graham Bates.

Our recommendations for reducing the risks of harm on farm include:

  • Consider installing a crush protection or rollover protection device on your quad bike.
  • Choose the right vehicle for the job and ensure that the driver is competent.
  • Always use your seatbelt and helmet.
  • Consider undergoing quad bike training.
  • Prioritise maintenance. That should cover attachments, good tyres and brakes.
  • Remember tired people make mistakes.
  • Ensure that the vehicle is safely stopped and brakes are fully engaged before getting off.
  • Don’t be afraid to seek assistance when you need to – neighbouring farmers are always more than willing to lend a hand.

Read WorkSafe’s guidelines on safe use of quad bikes

Media contact details

For more information you can contact our Media Team using our media request form. Alternatively, you can:

Phone: 021 823 007 or

Email: media@worksafe.govt.nz

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Unemployment increase demands a plan from Government

Source: Council of Trade Unions – CTU

New data shows the unemployment rate accelerating to 4.6%, and worrying labour market trends that should spur the Government into action, according to the NZCTU Te Kauae Kaimahi.

“Unemployment is now growing across the labour force. There are now 30,000 more people unemployed than a year ago, and communities already facing labour market challenges are bearing the brunt of the impact,” said NZCTU Economist Craig Renney. 

“Young people aged between 15 to 24 accounted for around half the increase. Māori unemployment increased by 2% to 9.1% last year, and Pacific unemployment increased by 2% to 8.3%.

“New Zealand has gone from having an unemployment rate among the very best in the world, to now having a higher rate than the UK (4.3%), Australia (4%), the US (4%), and Ireland (4.3%). We are now ranked 18th in the OECD.

“Wages are also going backwards. Nearly one in two Kiwis (45%) saw a pay rise lower than inflation. Average ordinary time wages rose by the same rate as inflation last year – meaning workers aren’t getting ahead.

“The Government should be taking urgent action to get ahead of what could become a much deeper crisis. GDP is likely to fall again. Work in sectors like construction is falling away. Planned cuts to infrastructure and other spending by government will make that grim situation worse. There is an urgent need for an economic plan to tackle these issues,” said Renney.

“Rising unemployment means more and more families struggling just to put food on the table, keep a roof over their heads, and pay the bills,” said NZCTU President Richard Wagstaff.

“This Government is out of touch with the realities of working people. They have no plan to keep people in work and are making life harder for unemployed people by attacking their right to access benefits.

“They also scrapped plans to introduce the social insurance scheme, which would have meant that people who lost their jobs would have a guaranteed income to tide them over as they searched for a new job.

“Everybody deserves good work, work that is secure and pays well, and enables people to support their families. Government needs to step up with a plan to keep New Zealanders in work, and to support those who lose their jobs during these difficult times,” said Wagstaff.

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Concerns for public broadcasting as TVNZ proposes more cuts – E tū

Source: Etu Union

Workers at TVNZ have today been notified about an upcoming change process at TVNZ which union members are worried could lead to further job losses as the state-owned broadcaster.

Management have initiated this process with the claim they need to increase their annual earnings by $30m, by either increasing revenue or reducing costs.

Earlier this year, TVNZ cancelled significant news and current affairs offerings as a cost-saving measure. E tū Negotiation Specialist Michael wood says today’s development demonstrates a worrying trend at TVNZ.

“E tū members at TVNZ and across media have been campaigning hard to ‘Save our Stories’ so that New Zealanders continue to have access to media that informs and holds power to account,” Michael says.

“As such we are concerned that TVNZ is looking into further significant changes that could lead to even larger cuts than we have already seen.

“The good news is that because union members at TVNZ have successfully campaigned on this issue, and defended their rights in the Employment Court, that there is now a proper process in place to have union members at the table and involved in discussion about possible change at a much earlier stage.

“We will be taking this process seriously. An ongoing move towards a digital future at TVNZ is a reality, however we will fight hard to ensure that as this change happens, that TVNZ fulfils its obligations to New Zealanders by ensuring that it produces high quality content, produced by skilled and experienced media workers. TVNZ, and the Government as the sole shareholder, cannot and must not use this process to walk away from news and current affairs, and telling the stories that matter to New Zealand.”

Michael says that further cuts at TVNZ demonstrate the need for rapid Government intervention to save our media landscape.

“Decent journalism is an absolute necessity in a well-functioning democracy. That’s why TVNZ needs to be supported as a public broadcaster.

“It makes no sense to allow such a crucial tool for information and accountability to gradually wither away as the traditional commercial model for media becomes less financially sustainable in the digital age.

“TVNZ, and the wider media landscape, must be supported by the Government to thrive – and we should all be gravely concerned about a future where purely commercial interests dictate the way we conduct our public discourse.”

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Work-related health newsletter – August 2024

Source: Worksafe New Zealand

Read our August 2024 work-related health update.

In this edition:

  • WorkSafe’s new strategy and Chief Executive
  • Manual handling training is not an effective control
  • Managing hazardous manual tasks
  • Manual handling risk assessments
  • Psychosocial survey of healthcare workers
  • Workplace exposure standards consultation
  • Safeguard awards winners
  • ACC helping build health, safety and wellbeing culture
  • Upcoming learning and networking opportunities

Read the full newsletter(external link)