WorkSafe New Zealand says urgent action is needed by the trades to take better care of apprentices, after the second court sentencing this year for a trainee killed on the job.
Josh Masters was fixing the hydraulics on a log loader when the vehicle’s boom fell and crushed him at Balmoral Forest in North Canterbury in January 2022. Mr Masters had nearly completed his diesel mechanic apprenticeship with Button Logging Limited – which has now been sentenced for health and safety failures.
The 23-year-old was told to position the loader’s forks vertically to gain access for the repairs, but the boom fell when the forks collapsed.
A WorkSafe investigation found the company didn’t have an effective procedure for the repairs, and when Mr Masters asked for help on how to proceed, he was given inadequate instruction and supervision.
“It was Button Logging’s responsibility to set down its expectations for working under a raised boom, and they had to ensure all workers, including apprentices, had knowledge of and were properly trained to meet those expectations,” says WorkSafe’s acting national investigations manager, Casey Broad.
”This tragic case is about the failure to manage a critical risk – it was utterly preventable and avoidable. As a result of that, a family is now deprived of a son, grandson, brother, and partner.”
Businesses must manage their risks, and WorkSafe’s role is to influence businesses to meet their responsibilities and keep people healthy and safe.
“Although Mr Masters was nearing the end of his apprenticeship, he didn’t have decades of experience to his name and deserved better when he sought direction,” says Mr Broad.
The sentencing of Button Logging follows another in late January, over the death of 19-year-old apprentice builder Ethan Perham-Turner in Bay of Plenty.
“Apprentices are the future generation, and companies that take on apprentices need to recognise they have a responsibility to look after them as they do with their own employees and put health and safety first,” says Mr Broad.
Button Logging Limited was sentenced at the Christchurch District Court on 9 May 2024.
A fine of $302,500 was imposed, and reparations of $278,000 ordered
Button Logging Limited was charged under sections 36(1)(a) and 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 Josh Masters, while the workers were at work in the business or undertaking, namely repairing a wheel loader, did fail to comply with that duty, and that failure exposed a person to risk of death or serious injury from being struck or crushed by the wheel loader’s boom.
The maximum penalty is a fine not exceeding $1.5 million.
WorkSafe has charged the Whangārei Boys High School Board of Trustees for health and safety failures related to the death of a student a year ago.
15-year-old Karnin Petera died on a school trip to Abbey Caves on 9 May 2023.
“We acknowledge the profound impact of this tragedy on whānau, friends, and the wider community. A year on, our sympathy and thoughts are with all of those who knew and loved Karnin,” says WorkSafe’s Head of Inspectorate, Rob Pope.
An extensive WorkSafe investigation has now pieced together the circumstances of this sad tragedy, and charges have been filed in the Whangārei District Court.
“We encourage school boards of trustees across the country to reflect on their own systems and processes to ensure they are meeting legal requirements for education outside the classroom. Students should be able to participate safely, and parents must have confidence their rangatahi will be kept safe,” says Rob Pope.
WorkSafe has no further comment while the case is before the Court.
Background
Whangārei Boys High School Board of Trustees has been charged under sections 36(2), 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, that the health and safety 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 of death or serious injury.
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.
Please note these charges are filed against the legal entity of the Board of Trustees, not individual members of the Board.
Energy Safety has extended its clampdown on Serene wall mounted bathroom heaters, which don’t meet New Zealand’s safety standards. This now involves the following Serene models: S2068, S207T, and S2069.
Serene Classic S2068
We’ve prohibited sale, use, installation, and importation of Serene Classic S2068 wall mounted bathroom heaters. This prohibition applies to all units imported, sold, or installed since June 2018. This expands on the prohibition published in February this year, which was limited to specific serial number ranges.
Serene S2068 heaters are unsafe. Testing has found these heaters are non-compliant with safety standards. A series of fires and overheating incidents are associated with these heaters. More recently, events have occurred outside the previously prohibited serial number range.
There is a significant risk of people being seriously harmed or property being damaged through use of these heaters.
The prohibited S2068 heater is described as follows:
Wall mounted fan heater with step-down thermostat with pull-cord on-off switch, for fixed-wired installation in bathrooms and similar locations.
Available finishes include mirror polished stainless steel metal shell with die cast grille, and also known to come in a range of colours including white and black.
Dimensions: 300 mm wide, 210 mm high and 110 mm deep.
Serene S2068 heater
Serene S207T
We’ve prohibited sale, installation, and importation of Serene S207T wall mounted bathroom heaters. This prohibition applies to all units imported, sold, or installed since January 2018.
Testing has found Serene S207T heaters are non-compliant with safety standards. There is a low risk they may be unsafe, however we are not aware of any fires or overheating events with these heaters.
The prohibited S207T heater is described as follows:
Wall mounted fan heater with step-down thermostat control.
Available finishes include stainless steel or white with gray wall bracket and cast metal grille.
Approximate dimensions: 375 mm wide, 220 mm high and 140 mm deep.
Serene S207T heaters
Serene S2069
Serene S2069 wall mounted bathroom heaters imported, purchased, or installed after June 2018 have had their approval withdrawn. This confirms they cannot be legally sold in New Zealand.
Serene S2069 heaters are non-compliant with safety standards. We are currently investigating a reported fire associated with one of these units.
Energy Safety will continue to monitor for incidents involving any of the above Serene models, and may take further actions if necessary.
What to do if you have a bathroom heater in your home
Check the make and model of the heater in your bathroom.
If your heater is a Serene model S2068, do not use it. If you can’t unplug it from a wall socket, you should arrange for removal by an electrician.
If your heater is a Serene model S207T or S2069, Energy Safety considers there is a low risk from continued use. However if you observe an unusual smell or noise from the heater, do not use it and contact an electrical worker to check it over.
Simon Gallagher, National Manager, Consumer Services at MBIE:
“The Consumer Guarantees Act (CGA) guarantees that products must be of acceptable quality, including safe to use and fit for purpose. Where a product is not of acceptable quality, you have the right to a refund, repair, or replacement. MBIE recommends that consumers who have the S2068 contact the business they purchased it from to arrange for its return under the CGA. Consumers who have the S2069 or S207T and are concerned may also wish to contact the supplier to seek a remedy under the CGA. For more info see Product safety | Consumer Protection(external link)“
If you are a supplier of heaters
Serene models S2068, S2069, and S207T are all non-compliant with safety standards and cannot legally be imported, sold, or installed.
We are working with MBIE to contact known suppliers.
Simon Gallagher, National Manager, Consumer Services at MBIE:
“MBIE is aware of the issues found with the Serene appliances and is working with Energy Safety and the retailers of these products to discuss what they can do to ensure the safety of their customers. As part of this work, MBIE is encouraging these retailers to undertake a voluntary recall.”
A self-drive vehicle to enhance worker safety will be trialled by one of the country’s largest electricity providers, as part of a new agreement with WorkSafe New Zealand.
Mercury NZ has signed the commitment in response to the uncontrolled release of geothermal steam at its Rotokawa power station near Taupō in July 2021.
While the so-called ‘steam hammer’ event did not injure anyone, it could have seriously harmed workers if they had been in the area at the time. Steam hammer is created when steam meets cooler liquid in pipework and fittings, causing severe vibration that can lead to catastrophic failure.
A WorkSafe investigation found shortcomings in plant installation decisions and risk assessment by Mercury, and ineffective communication between offsite control room operators and personnel onsite.
“The loss of containment was incredibly dangerous. The pipework had been exposed to extreme forces, with an intensity that ejected flange bolts, split valve bonnets, and tore welded fixings,” says WorkSafe’s regulatory support manager, Catalijne Pille.
“Businesses must do everything they can to meet their responsibilities under the Health and Safety at Work Act.”
In response to the incident, Mercury has now applied to WorkSafe with a binding commitment to improve safety. The plan, known as an enforceable undertaking, includes:
Trialling a self-driving vehicle for plant inspections
Delivery of a leadership programme to promote a proactive safety culture
Introduction of training focused on hazard awareness and safety in high-risk environments
Sharing the resources developed and lessons learned from the incident with industry.
“Emerging technologies have huge potential for health and safety. Mercury plans to trial self-drive vehicles to supplement in-person operator rounds which can only be good for safety. The data insights will aid decision-making and help with continuous improvement of processes and procedures,” says Ms Pille.
As a result of the agreement WorkSafe’s charges against Mercury have been discontinued. WorkSafe will regularly monitor progress on the commitments which have been agreed and can resume prosecution if necessary.
“The investment from Mercury is the preferred solution in this case. It demonstrates a substantial commitment to health and safety with benefits to workers, community, and the industry that may not have been achieved by prosecution.”
Statement from Mercury’s Executive General Manager Generation, Stew Hamilton
The health, safety and wellbeing of our people is front of mind for us, and we’re constantly working to improve on our performance in this space.
While no one was harmed in this event, it is important that we reflect on this incident and how we can continue to improve on our safety performance. This Enforceable Undertaking is an opportunity for us to do so, and fits into our wider vision for world class safety performance and achieving our goal of safety citizenship.
The programme has now kicked off, and we expect it to complete in February 2026. Key work within this will include further education and coaching, autonomous inspections of certain sites, mechanisms to share learnings with others, donations to emergency service providers and support of a health and safety scholarship. We expect this will deliver benefits to not just our people, but our sector as well as the community.
We are looking forward to working with WorkSafe to help continue to build strong safety performance across the industry.
WorkSafe New Zealand Chief Executive Steve Haszard will step aside from his interim role in mid-2024, when the priority tasks he was brought in by the Board to undertake will largely be completed.
“Steve was appointed on a short term basis in October 2023, during a challenging time for WorkSafe,” says WorkSafe Board Chair Jennifer Kerr.
“His considerable experience in regulatory practice, organisational change and strategy development saw him get straight to work on our immediate priorities. Steve has swiftly delivered on those, and the Board is grateful for his strong and decisive leadership. He and I agree that the start of a new financial year will be around the right time to hand over to a permanent Chief Executive.”
Between now and the middle of the year, Steve and the executive team will continue working at pace to frame up and finalise the operating plan which will be ready for delivery for the start of the new financial year.
The Board will go to market for the Chief Executive role this week.
This technical bulletin is aimed at persons conducting a business or undertaking (PCBU) who design, manufacture, supply or use cabinets constructed to meet the requirements of AS 1940, and compliance certifiers who encounter these cabinets in the course of their duties.
Background
Flammable liquids need to be stored correctly and safely. If they are not, they can pose a risk to workers and others in the workplace.
Regulations 11.11 and 11.29 of the Health and Safety at Work (Hazardous Substances) Regulations 2017 prescribe requirements for the storage of flammable liquids (classes 3.1A-C) in cabinets. A PCBU should have documentation that the cabinet complies with the relevant requirements of one of the standards specified in these regulations. This could include an assessment by a relevant duty holder (for example, designer, manufacturer, importer, supplier or PCBU with management or control of the workplace) detailing how the cabinet complies with the standard.
A type of compliant cabinet that is commonly used in workplaces is one constructed and installed to sections 4.9.2 and 4.9.5 (and 4.9.7 for regulation 11.29 cabinets) of AS 1940:2017 – The storage and handling of flammable and combustible liquids (AS 1940).
Cabinets that have been constructed to the previous AS 1940:2004 standard will also comply with AS 1940:2017, as the construction requirements for cabinets in section 4.9.2 are the same.
What is the issue?
A cabinet constructed to section 4.9.2 of AS 1940 is required to be marked to verify compliance with the standard.
WorkSafe has become aware of cabinets marked as compliant that appear to be non-compliant with the construction requirements of section 4.9.2.
To help PCBUs make sure that their flammable liquid cabinets comply with section 4.9.2 of AS 1940, this technical bulletin provides clarity on these areas of concern:
secondary containment
construction materials
self-closing doors
door handles
perforated shelving.
What does AS 1940 require?
Secondary containment
The space under the lowest shelf of the cabinet acts as the secondary containment area for the flammable liquids contained within the cabinet. This space must be at least 150 mm deep. The measurement does not include a 40 mm air space that must exist between the double-walled sheet steel construction.
The cabinet must be constructed so this secondary containment area cannot be used as part of the storage space of the cabinet.
The cabinet must be constructed so all leakage flows into this area.
PCBUs must make sure their cabinets remain liquid-tight. This may involve testing of the cabinet’s secondary containment.
Construction materials
Any components critical to the cabinet’s structural integrity must not melt at temperatures less than 850°C.
This includes any hinges, handles and the locking mechanism, depending on the design of the cabinet, as these components are critical to its structural integrity. PCBUs need to determine if these components of their cabinets meet this requirement.
Aluminium (including rivets) and plastics cannot be used for any component, or part of a component, critical to the cabinet’s structural integrity.
Self-closing doors
Cabinet doors must be self-closing, close-fitting and held shut automatically by catches at two or more points.
The doors must close fully and not remain partially open. If a cabinet has two doors, and one side has a lip, then the doors must automatically close in the right order so both doors close fully, and the catch engages. If the doors close out of order one door can remain partially open. This means that the locking mechanism will not work properly.
There must be no manual intervention needed to make sure the doors close in the right order and the catch of the locking mechanism engages.
Linear actuators can be used so the cabinet doors close in the right order.
If the cabinet is equipped with a device to hold the doors open, the doors must close as soon as the ambient temperature exceeds 80°C.
Door handles
A 40 mm air space between the double-walled sheet steel construction is required, and this space should be maintained to meet the construction requirements. Placing the handles or other devices within the 40mm air space may create a heat transfer bridge between the inner and outer metal walls of the cabinet door.
Recessed door handles may only be used under AS 1940 if there is a 40 mm air space between the inner cabinet wall and the inside of the recessed door handle.
Perforated shelving
Shelves must be perforated to allow free air movement within the cabinet.
The standard does not provide a definition of perforated, or how many holes within the cabinet shelf are required. Typically, a compliant cabinet will have multiple holes on each shelf. Any gap between the shelf and the cabinet walls or door will also assist with the free movement of air.
Maintenance and use
Under section 36 of the Health and Safety at Work Act 2015, PCBUs have a primary duty of care to ensure the health and safety of workers, which includes the provision and maintenance of safe plant and structures. This duty of care extends to the maintenance of storage cabinets used to hold flammable liquids.
You need to make sure the cabinet continues to meet the requirements of AS 1940 and that no changes or alterations, including wear and tear from day-to-day use, impact the compliance with the standard (for example, preventing the cabinet door to self-close).
Other common areas to check regularly as part of maintenance is whether the cabinet locks properly and that the secondary containment area is not used for storage (that is, the lower shelf has not been removed).
Compliance certification
If a hazardous substance location has been established and requires certification, then a compliance certifier should assess the marking on the cabinet and whether the cabinet has been constructed to section 4.9.2 of AS 1940. This should include assessing whether the cabinet has been properly maintained and that it continues to comply with the relevant requirements of the standard.
A compliance certifier should not assume compliance of the cabinet. For example, they may wish to check that the self-closing doors do close in the right order and catch correctly. A certifier may also require a PCBU to provide evidence that the cabinet construction complies with the relevant requirements.
Further information
For further information regarding your cabinet, contact the supplier of your cabinet or your compliance certifier. PCBUs who are concerned that their cabinet does not meet the construction requirements of section 4.9.2 of AS 1940 should consider contacting the manufacturer and/or supplier of their cabinet.
Download
Technical bulletin: Clarification on construction requirements of flammable liquid cabinets designed to comply with AS 1940(PDF 167 KB)
“Just over four years ago when Whakaari erupted many lives were changed. The Court has now delivered sentences to those who failed their responsibilities under the Health and Safety at Work Act 2015.”
“Today belongs to the survivors, and the whānau and friends of those who were harmed or lost their lives. Twenty-two people were killed and 25 harmed and, as the Victim Impact Statements have outlined, the impact is far wider.”
“One impact has been to raise our national understanding about the obligations on businesses to do everything they can to keep people safe. Whakaari is a catastrophic example of what can go wrong when they don’t.”
“The work activity on the day of the eruption put people’s lives at risk. People put their faith in the businesses involved in these trips. But they were not properly informed about the risks, and they were not kept safe.”
“Whakaari was one of the worst natural disasters in Aotearoa, and the scale of WorkSafe New Zealand’s response is unprecedented. WorkSafe had a duty to investigate this tragedy, and we have a duty to hold businesses to account.”
“All businesses who had control over the island or took visitors to the island were convicted of health and safety failings, and they have now been sentenced.”
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Businesses that contend with on-site traffic must learn from a collision that cost a woman her lower leg, WorkSafe New Zealand says.
The woman was waiting to collect whiteware from the customer collections area outside Trade Depot in Onehunga, when she was struck by a forklift in August 2022. The 68-year-old was rushed to hospital with injuries so severe her left leg had to be amputated below the knee.
WorkSafe charged Trade Depot after finding it had no effective traffic management plan to ensure moving vehicles and pedestrians were kept separate. In addition, WorkSafe investigators found that the lights on the forklift were not functioning at the time of incident.
“It is only by sheer luck that a serious injury or death was not caused before this incident. Forklifts were moving in and around pedestrians, delivering goods on a daily basis, but the site lacked any adequate systems to manage the risk of interaction between forklifts and pedestrians in the customer collections area,” says WorkSafe’s area investigation manager, Paul West.
“One-way systems, barriers, designated crossing points, and speed bumps or signage are among the measures that could have avoided this unfortunate injury. All businesses whose work requires traffic management should take notice of this case to ensure they aren’t falling short.”
In response to this incident, WorkSafe immediately issued two improvement notices to ensure a barrier was put between the pedestrian pathway and vehicles at the Onehunga site, and to ensure procedures were in place for forklifts operating near pedestrians. Both notices were complied with.
“Forklifts are a known risk – many people have died or been injured by forklift incidents, yet it’s clear the risks are not being appropriately managed in many workplaces. Risk assessment should consider anybody who could be harmed – which includes both workers and customers, and businesses must not lose sight of that,” says Paul West.
Trade Depot Limited was sentenced at Manukau District Court on 27 February 2024
A fine of $350,000 was imposed, and reparations of $141,502.12 ordered
Trade Depot 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, that the health and safety of other persons was not put at risk from work carried out as part of the conduct of the business or undertaking, namely operating forklifts in the customer collection area of Trade Depot Limited at 306 Neilson Street, Onehunga, Auckland, did fail to comply with that duty , and that failure exposed individuals to a risk of death or serious injury.
The maximum penalty is a fine not exceeding $1.5 million.