This Asbestos Awareness Week we sat down with Garrett Davidson, the Operations Manager at The Floor Store Commercial, to talk about how they tackle asbestos.
“We’re well aware of the dangers of asbestos and we don’t take any risks. If in doubt, we stop everything and get it tested. We’d much rather be safe than sorry. I’m lucky our Managing Director, Joe, is so supportive of health and safety. He’s made it really clear that the responsibility comes from the top down and we need to look after our men on the front lines.”
As Operations Manager, Garrett runs a tight ship when it comes to health and safety. It’s his job to make sure the safety and wellbeing of his team is the priority. The processes and policies around asbestos are laid out in their asbestos management plan and clearly communicated to the team on the ground.
“You have to have a clear, strict process when dealing with stuff as dangerous as this. Sometimes you get people saying you’re taking it too seriously but we’re talking about the health and safety of my team – of course I’m going to take it seriously.”
This Asbestos Awareness Week, we’re making it easier for you to take asbestos seriously. Check out our updated guidance on asbestos in your workplace and our asbestos management plan example and template:
WorkSafe is again urging the forestry sector to reflect on what more it can do to improve safety, as the details of yet another worker death emerge from a court prosecution.
Jake Duncan was fatally struck when a log came loose and hurtled 325 metres down a hill at Tangoio, north of Napier, in June 2021. The 23-year-old was doing work known as breaking out, where felled logs are connected to a hauling machine for extraction.
The log had been put in place as a ‘plug’ which acted as a bridge for other logs to slide over, until it gave way with tragic consequences. This uncommon method is known as plugging and bridging.
The pre-harvest risk assessment only listed two hazards for the entire site, and did not properly consider the risks of the plugged log dislodging. The company should also have had better controls in place to minimise the risk of workers like Jake Duncan being struck.
These health and safety failures led to WorkSafe charging Mr Duncan’s employer, Logged on Logging 2020 Limited. In a reserved decision, the Napier District Court has ordered Logged on Logging to pay reparations. Another company, Forest Management (NZ) Limited, was sentenced in late 2023 for its health and safety failures unrelated to the death.
“Jake Duncan was a treasured father, partner, son, brother, and friend. The forestry industry owes it to whānau to ensure workers get home safely each day,” says WorkSafe’s area investigation manager Paul Budd.
Businesses must manage their risks and up to date, site-specific risk assessments are a must-have in forestry. Plugging and bridging is an unstable method, and logs should be cleared as soon as possible to avoid coming loose.
“Jake Duncan’s workmate only survived because he jumped in the opposite direction as the log came down the hill. The terror the two men must have endured as they saw the log coming towards them is unthinkable,” says Paul Budd.
WorkSafe’s new strategy zeroes in on forestry because its fatality rate is nearly 20 times higher than the average for all industries. Our priority plan for the sector notes workers hit or trapped by a moving object as a specific source of high harm. WorkSafe’s targeted frontline activities in forestry will be increasing as there are opportunities to significantly improve health and safety, reduce acute harm, and address inequities.
WorkSafe’s role is to influence businesses to meet their responsibilities and keep people healthy and safe, and where they don’t, we will take action.
Logged on Logging 2020 Limited was sentenced in reserved decisions from the Napier District Court.
Reparations of $332,187 were ordered, but the company could not afford to pay a fine.
Logged on Logging 2020 Limited was charged under sections 36(1)(a), 48(1) and (2)(c). of the Health and Safety at Work Act 2015:
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 Jake William Duncan, while the workers were at work in the business or undertaking, did fail to comply with that duty, and the failure exposed the workers to the risk of serious injury or death.
The maximum penalty is a fine not exceeding $1.5 million.
Forest Management (NZ) Limited was sentenced in a reserved decision from the Napier District Court.
A fine of $50,400 was imposed.
Forest Management (NZ) Limited was charged under sections 36(1)(b) and 49(1) and (2)(c) of the Health and Safety at Work Act 2015;
Being a PCBU having a duty to ensure, so far as is reasonably practicable, the health and safety of workers whose activities in carrying out work it influenced or directed, while the workers were carrying out the work, did fail to comply with that duty.
The maximum penalty is a fine not exceeding $500,000.
Media contact details
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Kia ora koutou and welcome to the November 2024 work-related health newsletter.
Thank you for your interest in work-related health this year. We’ll be back in February with the next edition of this newsletter but in the meantime, check out the latest guidance and information to help you ensure a healthy and safe work environment, especially over the summer.
We hope you have a healthy and safe festive season.
In this edition:
Reminder about summer risks
Asbestos Awareness Week
New manual tasks screening and risk assessment tools
Psychosocial risks guidance consultation
Work-related health notifications
MBIE occupational diseases consultation
New Zealand Journal of Health and Safety Practice: From Robens to 2024
Nine tonnes of badly loaded steel fell and killed a Christchurch man, in what WorkSafe New Zealand says is a stark warning to any business that uses storage racks or shelving as part of its operations.
33-year-old Franchesco Krueger was sweeping underneath racking, when it collapsed on him at United Steel in Wigram in November 2020.
A WorkSafe investigation found glaring safety gaps, with the racking not cross-braced or bolted to the floor for stability. The business did not conduct regular and effective safety inspections, and investigators also found the rack design had no professional engineering input.
United Steel has now been sentenced for the health and safety failures that contributed to the death of its storeman.
“This is a tragic incident that should never have occurred, if United Steel had managed its risks,” says WorkSafe’s area investigation manager, Steve Kelly.
International best practice guidance exists on the safe racking of steel products, and WorkSafe also has information on working safely with pallet racking systems.
“A professional engineer or a similarly qualified expert is best to advise on any commercial or industrial racking bigger than what you have at home in the garage. Shelving should be fit for purpose and stable fixings in an industrial setting like this are a must.”
“Businesses should conduct regular inspections to enable early detection of damage, missing parts, or improper installation which can help avoid a catastrophic collapse. WorkSafe also recommends all racking systems have clear signage showing the maximum weight that can be safely held, and any specified load configurations to avoid overloading,” says Steve Kelly.
Businesses must manage their risks and where they don’t WorkSafe will take action. This is part of our role to influence businesses to meet their responsibilities and keep people healthy and safe.
Manufacturing is one of New Zealand’s most dangerous sectors, which is why it’s a focus of WorkSafe’s new strategy. Our priority plan for the sector targets metal fabrication as a specific source of high harm. WorkSafe’s targeted frontline activities in manufacturing will be increasing as there are opportunities to significantly improve health and safety performance, reduce acute and chronic harm, and address inequities.
United Steel was sentenced at Christchurch District Court on 1 November 2024.
A fine of $330,000 was imposed, and emotional harm reparations of $100,000 ordered
United Steel was charged under sections 36(1), 48(1) and (2)(c) of the Health and Safety at Work Act 2015
Being a PCBU having a duty to ensure, so far as is reasonably practicable, that the health and safety of workers who work for the PCBU, including Franchesco Krueger, is not put at risk while they are at work in the business or undertaking, namely the storage and distribution of steel, at USL’s premises at 22 McAlpine Road, Wigram, Christchurch, did fail to comply with that duty, and that failure exposed Franchesco Krueger to a risk of death or serious injury.
The maximum penalty is a fine not exceeding $1.5 million.
A WorkSafe investigation is underway into a trench collapse in the Auckland suburb of Meadowbank this afternoon.
One person was seriously injured and another received moderate injuries at the site on Rutherford Terrace.
“It is far too early to determine what went wrong here. Our investigation is in its very early stages and the specifics will become clearer with time,” says WorkSafe’s investigation manager, Danielle Henry.
“Excavation failures are particularly dangerous because they can occur quickly, limiting the ability of workers to escape, especially if the collapse is extensive.”
Anyone digging such a trench should be aware of the possibility of collapse and should take proper precautions. These include:
Seeking a geotechnical assessment of the site to check soil stability as part of scoping and planning works
Shoring, benching, or battering back dirt to prevent collapse. Do not assume ground will stand unsupported.
Ensuring safe access to get in and out of a trench
Barriers strong enough to not collapse if people or materials fall against them
Check the excavation each day before starting work and after any event that may affect its stability.
WorkSafe New Zealand, Mahi Haumaru Aotearoa, will open consultation for kaimahi on its organisational change proposal on 23 October.
The change proposal aims to deliver WorkSafe’s new strategy and increase its frontline services over time. “Our new strategy defines how we will undertake our role as Aotearoa New Zealand’s primary work health and safety regulator,” says Interim Chief Executive Kane Patena. “This involves a mix of enforcement, engagement and permitting activities, with a targeted focus on high-risk sectors and high-risk work activities.”
“To contribute to better work health and safety outcomes and help businesses manage risks we are proposing to increase our frontline services, which includes investing an additional $2.7 million into growing our inspectorate. In turn, we are proposing to simplify our structure, reduce some non-frontline roles, and ensure all roles are clearly linked to strategic delivery.”
Kane Patena says the strategic reset requires a shift in how roles and funding will be allocated in the proposed structure. WorkSafe’s allocated budget is less than last financial year due to the cessation of ACC and time-limited funding.
While the proposal aims to increase frontline services over time, there would be an overall reduction of approximately 20 roles. The proposal involves disestablishing 180 roles (of which approximately 55 – 60 are currently vacant) and establishing 140 new roles. Where possible, kaimahi will be redeployed into future roles. We are also proposing to simplify the structure, streamline our non-frontline functions and ensure all roles are clearly linked to strategic delivery.
Following pre-consultation engagement with the Public Service Association (PSA), the all-staff consultation period will begin on 23 October and run until 8 November 2024. All staff feedback will be considered, and decisions will be communicated with WorkSafe kaimahi first.
WorkSafe has uncovered multiple failures that contributed to a teenager’s death on a school caving trip in Northland last year.
Whangārei Boys’ High School student Karnin Petera drowned in floodwaters from torrential rain at Abbey Caves in May 2023. Sixteen other students on the trip and their two supervisors were lucky to survive.
Karnin’s parents contacted the school multiple times to express their concerns about the weather in the lead-up to the trip, but were told it would go ahead as the school didn’t expect heavy rain until later.
A full day before the group ventured in, MetService had issued an orange weather warning forecasting heavy rain. The school’s own risk assessment for the caving trip noted it would be cancelled in the event of heavy rain warnings. However, WorkSafe found there was no shared understanding among organisers and decision-makers of exactly what heavy rain meant, or when trips would be cancelled.
Overall, the school Board had ineffective oversight of high-risk activities and critical decisions, and its emergency planning failed to identify the risk of rising water trapping students while caving. The Board fully cooperated with WorkSafe throughout the entire investigation.
“This tragedy is the worst nightmare of any parent, and could easily have involved multiple casualties. Our heartfelt sympathy remains with Karnin’s friends and whānau who continue to mourn his loss and the survivors who live with ongoing impacts,” says WorkSafe’s Inspectorate Head, Rob Pope.
“Outdoor education plays a crucial role in providing students with valuable, real-world learning experiences that enhance their overall education. However, there must be gold standard risk management whenever schools take rangatahi into the great outdoors. This drowning should be a moment for every school board in the country to ensure its oversight of outdoor education is robust – and if you’re at all unsure, get an expert involved,” says Rob Pope.
Education outside the classroom (EOTC) safety management systems should be regularly reviewed by school boards.
“It is essential that the person responsible for EOTC in each school is registered on the EOTC coordinators database and participates in ongoing professional development, so schools can continue delivering safe, engaging, and high-quality education outside the classroom,” says Education Outdoors New Zealand’s chief executive, Fiona McDonald.
Schools must manage their risks under the Health and Safety at Work Act 2015. WorkSafe is proactively engaging with the Ministry of Education, Education Review Office, and Education Outdoors NZ to raise awareness of the issues and drive improvements across the sector.
The Whangārei Boys’ High School Board was sentenced at Whangārei District Court on 27 September 2024
The charges were filed against the legal entity of the Board, not individuals
Reparation payments of more than $500,000 were ordered but the details are suppressed
The Board was charged under sections 36(2), 48(1) and 2(c) of the Health and Safety at Work Act 2015
Being a PCBU, having a duty to ensure, so far as is reasonably practicable, the health and safety of workers of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking, namely the outdoor education caving activity to Abbey Caves Reserve, did fail to comply with that duty, and that failure exposed other persons, including Karnin Petera, to a risk or death or serious injury.
The Board was charged under sections 36(1)(a), 48(1) and 2(c) of the Health and Safety at Work Act 2015
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 while the workers were at work in the business or undertaking, namely undertaking an outdoor education caving activity to Abbey Caves Reserve, did fail to comply with that duty, and that failure exposed workers to a risk of death or serious injury.
Media contact details
For more information you can contact our Media Team using our media request form. Alternatively:
We have updated our guidance on the requirements for vetting workers at limited-attendance child-care centres.
The new Regulatory Systems (Education) Amendment Act 2024 means updates have been made to the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 (Regulation 51).
A key point is that Police vetting must be completed for non-teaching and unregistered employees at unlicensed child-care centres before the person begins work. This vetting must be used to assess any risks to the safety of children.
What are limited-attendance child-care centres?
These are any premises that are:
used regularly for the care of three or more children under six years old (not including the children of the persons providing the care) and
where the children do not stay for more than two hours per day and
where the children’s parents or caregivers are in close proximity to the children, and are able to be contacted and resume responsibility for the children at short notice.
For example, a crèche at a gym or shopping mall.
It does not include being provided with care before or after school.
Kia ora koutou and welcome to the September work-related health newsletter. Check out the latest guidance to help you ensure a healthy and safe work environment for you and your workers.
In this edition:
WorkSafe’s priority plans published
Updated guidance for working with asbestos
New manual tasks screening and risk assessment tools
