WorkSafe New Zealand Board Chair Jennifer Kerr has announced the appointment of Sharon Thompson as WorkSafe’s new Chief Executive.
“Sharon has extensive public and private sector experience leading business transformation programmes and building highly engaged teams to overcome challenges and deliver results,” says Jennifer Kerr. “Sharon is well placed to drive the delivery of WorkSafe’s new strategy and operating plan, which sets out how we will undertake our role as Aotearoa New Zealand’s primary work health and safety regulator.”
Sharon will join WorkSafe from her current role as Executive Director, Transformation and Operational Delivery, at the Financial Markets Authority (FMA) where she leads the operations and capability functions. Previously, Sharon was at Inland Revenue, where she led a nation-wide customer facing and operations team through a major transformation as Deputy Commissioner, Customer and Compliance Services.
“It’s an honour to have been appointed as WorkSafe’s Chief Executive,” says Sharon Thompson. “I look forward to the privilege of working with the WorkSafe team, and with government and sector partners, businesses and workers, iwi, unions, and everyone who can help influence better health and safety at work in Aotearoa New Zealand.”
Jennifer Kerr says interim Chief Executive Steve Haszard has completed the priority tasks he was brought in by the Board to undertake. “I’m grateful for Steve’s clear and decisive leadership during a challenging time. WorkSafe now has improved financial discipline and a new strategy with a targeted focus on serious risk and harm. Under Sharon’s leadership, WorkSafe will continue to influence businesses and workers to better manage those risks, reduce harm and deliver better health and safety outcomes for all.
Steve’s last day will be Friday 12 July, and Sharon’s start date will be confirmed shortly. WorkSafe’s Deputy Chief Executive Operations Kane Patena will be Acting Chief Executive in the interim.
A motorcyclist is lucky to be alive after getting caught in bungy ropes strung across a public road on the West Coast, in what a Judge has called “an extremely obvious hazard”.
The incident occurred in the Maruia Valley in March 2021, where sharemilkers had put the ropes across the 100kph road to relocate 800 cows.
A lack of signage meant the motorcyclist’s first warning of what was going on was when he saw the ropes. At that stage it was too late to be able to stop safely. When he struck the ropes it pulled tight, and he came off his bike, slid along the road and hit a fence post.
The victim was hospitalised with fractures to his right rib and a laceration of his right kidney.
“The injuries were incredibly serious and the rider is lucky to be alive. The businesses involved did not notify WorkSafe of the incident, and left the victim himself to do so weeks later,” says WorkSafe’s national investigations manager, Casey Broad.
The sharemilkers, Te Koru Wai Limited, were charged by WorkSafe for health and safety failures. So too was the farm owner, Dairy Holdings Limited. Both have now been sentenced.
WorkSafe’s investigation found the bungy ropes had been across the road for about three hours, and only two workers were present on the farm.
In sentencing, Judge Jane Farish concluded that “this was an extremely obvious hazard with a simple method of avoiding it” and that “the blocking of a public road should ring significant alarm bells”.
“In the direction the rider was travelling, there was no warning sign in place for the stock crossing. NZTA guidance requires farmers to install a temporary warning sign at an adequate distance ahead of the crossing, when more than 50 animals are being moved,” says Casey Broad.
“Stock crossings are commonplace in rural New Zealand, and the risks to motorists are well known. Having signage up and farm workers present while cattle are crossing is the safest way to go.”
“Working farms, like any other business, are responsible for ensuring work is safe. Our role is to influence businesses to meet these responsibilities and we hold them to account if they don’t,” says Casey Broad.
Te Koru Wai Limited was sentenced at the Christchurch District Court
A fine of $220,000 was imposed, and reparation of $13,200 ordered
Te Koru Wai was charged under sections 36(2), 36(3)(c), 48(1) and 48(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 other persons, namely road users, was not put at risk from work carried out as part of the conduct of the business or undertaking, namely the operation of the stock crossing on Maruia Saddle Road at Frog Flat Farm, Maruia Valley, West Coast New Zealand (Frog Flat Farm), did fail to comply with that duty in that road users were exposed to a risk of colliding into a rope placed across the road, and that failure exposed individuals to a risk of death or serious injury.
The maximum penalty is a fine not exceeding $1.5 million.
Dairy Holdings Limited was sentenced at the Christchurch District Court.
A fine of $211,700 was imposed, and reparation of $8,800 ordered
Dairy Holdings was charged under sections 36(2), 48(1) and 48(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 other persons, namely road users, was not put at risk from work carried out as part of the conduct of the business or undertaking, namely the operation of the stock crossing on Maruia Saddle Road at Frog Flat Farm, Maruia Valley, West Coast New Zealand (Frog Flat Farm), did fail to comply with that duty in that road users were exposed to a risk of colliding into a bungee placed across the road, and that failure exposed individuals to a risk of death or serious injury.
The maximum penalty is a fine not exceeding $1.5 million.
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AI technology to sense pedestrians around forklifts is the centrepiece of a new safety commitment WorkSafe has accepted from a major player in the kiwifruit industry.
The commitment, known as an enforceable undertaking, was put forward by Trevelyan’s Pack and Cool Limited in Te Puke, where a worker was traumatically injured in April 2022. Trevelyan’s is New Zealand’s largest single-site kiwifruit and avocado packhouse.
The man was struck while walking behind a reversing forklift, and had his left leg and foot run over. When the driver moved the forklift forward, he ran over the victim’s foot a second time. Ultimately, the victim’s lower left leg could not be saved, and it was amputated below the knee.
WorkSafe’s role is to influence businesses to meet their responsibilities to keep people healthy and safe. Our investigation found Trevelyan’s traffic management plan for the site was deficient, with forklifts and workers clearly not kept separate.
“Forklifts are essential to the kiwifruit industry and we expect businesses to manage their risks. Where they don’t, we will take action. Harvest season brings heightened risks from more product movement, less space to work, and more people in close quarters,” says WorkSafe’s regulatory support manager, Catalijne Pille.
In response to the incident, Trevelyan’s has committed to delivering a series of safety initiatives worth half a million dollars, including:
An AI pedestrian detection system fitted to 40 forklifts to improve safety and reduce risks.
Collaborating with the kiwifruit industry to spread the uptake of this technology and enhance safety.
Investing in training to improve health and safety competency across the business.
Reparation to the victim.
Funding for the Amputee Society of Waikato, Bay of Plenty and Districts.
Funding scholarships for the Health and Safety Association of New Zealand.
“Artificial intelligence brings significant possibilities for health and safety innovation. In this case, it’s about using algorithms and sensors to detect nearby pedestrians to reduce the risk of accidents and enhance workplace safety. We hope to see the benefits extend beyond the kiwifruit industry,” says WorkSafe’s Catalijne Pille.
As a result of the undertaking, WorkSafe’s charges against Trevelyan’s were discontinued. WorkSafe will regularly monitor progress on the agreed initiatives and can resume prosecution if necessary.
“Trevelyan’s investment to improve safety in their workplace is the preferred solution in this case. It demonstrates a substantial commitment to health and safety which may not have been achieved by prosecution.”
My life changed in one second on 25 April 2022. Since then, everyday tasks like dressing, showering, and walking have become challenging. My mental health has been up and down, it is physically difficult for me to play with my grandchildren, and sometimes even lying in bed is painful. My injury had a very bad effect on my retirement savings, as I’d planned to work for another five or ten years, but I’ve not been able to. I didn’t want to tell my story in court, but I’m pleased to see Trevelyan’s invest in making its site safer as I do not want anybody else to go through my experience.
Statement from Trevelyan’s Pack and Cool Limited managing director James Trevelyan
Trevelyan’s Pack and Cool Limited acknowledges the importance of learning from the accident and is committed to ensuring that such incidents do not reoccur.
Trevelyan’s Pack and Cool Limited is not only committed to investing in the health and safety of our workforce and the broader industry, but also in actively supporting the injured person and his family. We are dedicated to building robust capability in the New Zealand workforce, with a specific focus on the prevention of forklift accidents.
An example of implementing improvements includes installing artificial intelligence (AI) equipment in our forklifts. While this AI system is in use in other industries across New Zealand, Trevelyan’s is the first within the kiwifruit industry to have trialled and fitted the equipment to its fleet. As part of our EU commitment, we have also funded another 60 pieces of equipment for other post-harvest facilities across the remainder of the industry.
Trevelyan’s Pack & Cool Limited places the highest priority on the health and well-being of all Trevelyan’s staff, growers, suppliers, and community. This commitment not only reflects our obligations under the Health & Safety at Work Act 2015 but is also a testament to our genuine concern for each individual associated with us.
Join us for an online Q&A session with our Chief Executive Steve Haszard to discuss our refreshed strategy and to answer your questions.
Our refreshed strategy has a focus on making a difference to the most serious harm in New Zealand workplaces. It defines the wider health and safety at work system (te aronga matua) and reflects our role in the system (kawa), how we will undertake that role (tikanga), where we will focus our effort (kaupapa), and how we will measure our impact (mātauranga).
Join our Chief Executive Steve Haszard on Wednesday 12 June 2024 from 3–4pm for this online Q&A session.
If you’d like to ask a question on the day, make sure you join the session on a laptop or desktop. We’ve found that there is limited function on mobile phones and using the web browser Safari. If you find you cannot ask a question, try a different browser or you can emailcommunications@worksafe.govt.nz.
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Keeping people safe by paying better attention to vehicle maintenance would have saved a worker from a serious forklift injury, WorkSafe New Zealand says.
Casey Broad, WorkSafe’s National Manager Investigations, says the $240,000 fine handed down to Refrigafreighters Limited for an incident in September 2022 is a wake-up call to all businesses using forklifts.
“A worker had been collecting rubbish with the forklift. They parked it and put the handbrake on, but when they got out it started to roll down the slope it was parked on.”
The 33-year-old tried to recover the forklift but it tipped onto him and caused serious injuries including a punctured lung and broken back.
“WorkSafe’s investigation verified the forklift hadn’t been maintained and serviced to the standard we’d expect. We asked specialists to take a look and what they found was shocking – there were serious safety issues with the handbrake, to the point it would never have been able to stop the forklift from moving even on a slight incline.”
WorkSafe’s Casey Broad says the sentence is a reminder for businesses to keep workers safe.
“Businesses must ensure that forklifts and other vehicles and machines are safe to use. If businesses don’t meet their health and safety responsibilities, WorkSafe will hold them to account.”
“A lot of businesses use forklifts, but like any vehicle they need to be serviced and maintained so issues are picked up early and fixed. If you don’t, things can go wrong quickly.”
“Unfortunately there are too many incidents involving forklifts in New Zealand – businesses can do better to keep people safe.”
Background
Refrigafreighters Limited was sentenced at Manukau District Court on 7 May 2024
Refrigafreighters was fined $240,000. Reparations of $62,279 were ordered.
Refrigafreighters was charged under sections 36(1)(a), s48(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 are at work in the business or undertaking, did fail to comply with that duty and that failure exposed workers, including the victim, to a risk of serious injury or death arising from the Hangcha Forklift.
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:
WorkSafe has launched its new strategy, with a focus on making a measurable difference to the most serious harm in New Zealand workplaces.
As the primary health and safety at work regulator, WorkSafe’s role is to influence businesses to carry out their responsibilities – and to hold them to account if they don’t.
“Ten years on from WorkSafe’s inception, our refreshed strategy is about delivering what New Zealanders expect of their work health and safety regulator. We will work with businesses, workers, and other key players in the system to reduce harm and improve health and safety at work for everyone,” says WorkSafe’s Board Chair, Jennifer Kerr.
The strategy defines the wider health and safety at work system (te aronga matua) and reflects our role in the system (kawa), how we will undertake that role (tikanga), where we will focus our effort (kaupapa), and how we will measure our impact (mātauranga).
Every year 50–60 people are killed at work and 400–500 hospitalised with a serious work-related injury (acute harm), and an estimated 750-900 people die because of work-related ill health (chronic harm).
“While these awful figures have steadily reduced over time, there is a long way to go and much work to do by everyone who can influence health and safety in our workplaces,” says Jennifer Kerr. “We also know that harm does not occur equally, and it is imperative that we remain focused on reducing these unacceptable harm inequities.”
Courts have imposed more than half a million dollars in penalties since mid-March, in cases where workers have lost fingers on machinery that wasn’t kept safe by businesses.
“Businesses must manage their risks to keep workers safe. In each of these cases there was a failure to follow basic machine safety standards. WorkSafe investigated and prosecuted the cases as part of our role to hold businesses to account when they fall short on health and safety,” says WorkSafe principal inspector Mark Donaghue.
“All three cases are from the manufacturing sector – which has a persistent problem with machine safeguarding and is one of the country’s high-risk industries.”
One worker had two fingers amputated and a third degloved in a punch and shear machine, when the regular machine was out of order at Thompson Engineering in Timaru in January 2022. The business was recently fined $247,500 and ordered to pay reparations of $35,000.
Another worker had three fingers partially amputated while using a punch and forming press at Auckland’s Anglo Engineering in March 2022. In sentencing, Judge Lisa Tremewan referred to “an unintended complacency” and that “it is critical that robust practices are employed by those within the relevant industries”. A fine of $200,000 was imposed, and reparations of $35,337 were ordered.
And a third worker was cleaning a machine when it amputated two fingers and degloved a third at Flexicon Plastics in Auckland in August 2022. The machine’s on/off switch had been knocked into operation because the interlock wasn’t functioning. A fine of $74,392 was imposed, and reparations of $33,000 ordered.
“If you are unsure whether your safeguarding is up to scratch, engage a qualified expert as soon as possible,” says WorkSafe’s Mark Donaghue.
“These sorts of incidents are avoidable. Workers should not be suffering harm like this in 2024, and businesses have no excuse. WorkSafe is notified of machine guarding incidents from across the country every week, and is regularly prohibiting dangerous machinery as part of its proactive and targeted assessments. WorkSafe has a role to influence business to make sure they keep people healthy and safe – that’s why we’re speaking out on this issue.”
Workplaces have been required to safeguard machinery since the Machinery Act 1950 took effect. But more than 70 years later, workplaces still aren’t getting it right, with too many workers in Aotearoa being injured and killed from unsafe machinery.