Category: Worksafe

Source: Worksafe New Zealand

11 November 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.

Read our guidance on working safely with pallet racking systems

Background

• 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.

Source: Worksafe New Zealand

25 October 2024

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.

Read more about excavation safety

Read about a trench collapse case sentenced earlier this year

Source: Worksafe New Zealand

15 October 2024

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. 

Source: Worksafe New Zealand

27 September 2024

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.

Read more guidance from Education Outdoors New Zealand(external link)

Background

• 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.

Source: Worksafe New Zealand

24 September 2024

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.

Read more information in the fact sheet: What to know when employing or engaging limited-attendance child-care centre workers

Related information:

Governance of education sector boosted | Beehive.govt.nz (external link)

Regulatory Systems (Education) Amendment Act 2024 – Education in New Zealand | Education.govt.nz (external link)

Source: Worksafe New Zealand

24 September 2024

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
• Keeping volunteers healthy and safe
• Health and safety governance good practice guide
• ACC levy consultation
• Upcoming conference.

Read the full newsletter(external link)

Source: Worksafe New Zealand

12 September 2024

The September issue of Kanohi Kitea, our health and safety representatives (HSR) e-newsletter.

This issue covers:

• Latest version of the Hiki cards
• New asbestos guidance
• Clarification on near misses
• Worker participation agreements
• Upcoming HASANZ conference

Read the whole issue(external link)

Source: Worksafe New Zealand

11 September 2024

Our September hazardous substances update.

In this issue:

• Consolidated safe work instruments – a new WorkSafe product
• Improved asbestos guides now available
• Consultation on proposed WorkSafe safe work instruments
• Consultation on proposed restricted entry intervals for pesticides and supporting quick guide
• New resource for emerging technology safety

Read the whole issue(external link)

Source: Worksafe New Zealand

11 September 2024

WorkSafe has published priority plans, which will bring to life its new strategy over the next two years. WorkSafe will deliver enforcement, engagement, and permitting activities across these priority areas to maximise our influence and achieve better, more equitable outcomes.

The plans cover the sectors with highest work-related harm in Aotearoa – construction, manufacturing, forestry, and agriculture. There’s also a permitting plan covering specific high-risk work such as mining, adventure activities, and some work involving hazardous substances. 

The plans guide WorkSafe’s targeted engagement and enforcement activities and are part of WorkSafe’s strategic reset. The new strategy simplifies how WorkSafe will deliver its main role, which is to influence businesses and workers to meet their health and safety responsibilities and to hold them to account if they don’t. 

The strategy acknowledges WorkSafe cannot be everywhere and emphasises the importance of collaboration. WorkSafe will continue to work with partners, including industry bodies, government agencies, iwi, and unions, to understand risk and harm, measure the impact, and refine plans over time.

Read the strategy

Read the sector plans

Source: Worksafe New Zealand

4 September 2024

WorkSafe is recommending the dairy industry reassess its use of slide pulsators, following a recent death in a Waikato milking shed.

Jeff Bolstad died on 27 July in Morrinsville, when his clothing become entangled in the rotating bar of a slide pulsator. There is no indication the 69-year-old intentionally reached into any part of the machinery.

WorkSafe is in the early stages of investigating the circumstances, but already has enough information to urge caution.

“We are extremely concerned about the risk posed by exposed moving parts on slide pulsators, and urge farmers to check their set-up is safe or bring a specialist in for advice,” says WorkSafe’s investigation manager, Paul West.

Under the Health and Safety at Work Act 2015, there is an obligation for businesses to manage their health and safety risks.

For farmers, this means to either ensure slide pulsators are safe, substitute them for an electronic pulsator, install safeguarding to prevent access to any moving parts, or remove them. PVC tubing used on some farms is unlikely to provide enough protection to eliminate the risk and meet the required guarding standards.

“The risk of clothing entanglement is real, and steps need to be taken to manage that risk. Any rotating shafts that can catch clothing or body parts need as much protective guarding as possible, or to be replaced,” says WorkSafe’s Paul West.