WorkSafe New Zealand says an incident where a worker was seriously injured underlines the importance of training staff to keep them safe.
On 15 November 2021 a staff member with the Auckland International Airport Limited (AIAL) wildlife team was monitoring geese near the airport’s runways. The victim fired a cartridge from a pyrotechnic launcher toward the geese from the open driver’s side window of their stationary work vehicle. As a result of firing the launcher, the victim sustained serious harm, including laceration to their right-hand palm and loss of two of their fingertips on their right hand.
WorkSafe investigated the incident and found the victim did not receive adequate training on the safe use of the launcher and storage and handling of the cartridges. WorkSafe also found standard operating procedures relating to pyrotechnics were not as they should be.
“The way training was carried out was concerning. Training can be ‘watered down’ if it is simply passed on by person to person and not directly linked back to what the best practice states and the law requires.” says WorkSafe’s National Manager Investigations Catalijne Pille.
“This matter highlights that businesses and organisations need to pay adequate attention to the use of equipment or keeping across training regimes. Passing down knowledge without having check-ins can mean gaps in information or that training is not aligned with best practice.”
Since the incident the PCBU has engaged with an external business to carry out training and reports increased satisfaction with the new process.
AIAL has entered into an Enforceable Undertaking with WorkSafe. This requires the PCBU to raise the health and safety standard in their workplace, wider industry and local community.
This Enforceable Undertaking includes:
Financial amends to the victim.
The implementation of a new suite of controls to greatly minimize risk to workers.
The development and implementation of a wildlife working group with key external stakeholders.
The development and implementation of a national wildlife hazards conference.
Funding to support organisations delivering mental health services in the South Auckland area.
Through this Enforceable Undertaking a Wildlife Working Group will be established with a focus on minimising wildlife risks. This will be supported by the creation of a National Annual Wildlife Hazards conference and a sponsorship programme, focusing on safety and well-being improvements.
“We all have a part to play in New Zealand’s health and safety system and Auckland International Airport Limited has taken up the opportunity to drive health and safety change within the industry.”
WorkSafe will monitor compliance and progress of the terms of the Enforceable Undertaking which have been agreed to.
Statement from Chloe Surridge, Chief Operations Officer at Auckland Airport
Auckland Airport takes ownership for the events that led to one of our wildlife team members suffering a significant injury and we are deeply sorry for the impact this incident has had on the health and wellbeing of our team member and their family.
While birds are a threat to aircraft safety, it is extremely important any tactics used to scare them don’t risk causing anyone personal harm. That wasn’t the case on this occasion, and we have worked closely alongside WorkSafe in full support of its investigation. We have also made significant improvements to ensure the future health, safety and wellbeing of our wildlife rangers, including more specialised training, changes in operating procedures and improvements in record keeping.
The process of the enforceable undertaking has not only created positive change across our own training and procedures, but will deliver long-lasting outcomes for health, safety and wellbeing at other airports and in our wider community.
WorkSafe New Zealand says two recent court cases show Aotearoa still has a long way to get asbestos management right.
Asbestos remains the country’s number one work-related killer, with about 220 people dying each year from preventable asbestos-related disease.
Asbestos Awareness Week runs until 26 November and aims to remind tradies and businesses of the dangers, and how to manage the risks of the known carcinogen.
The latest WorkSafe prosecution involves Wilson Building Timaru Limited. The company was fined last month for the unauthorised removal of asbestos by the company director, which put workers at high risk of asbestos exposure over several days. The company did not seek an asbestos management plan from the building owner at any point. The asbestos should have been removed by a licensed expert.
Earlier in the year, Inspired Enterprises Limited was sentenced over a case of poorly handled flooring containing asbestos. There was no asbestos management plan, and the customer’s quote did not mention the possibility of asbestos.
Both cases highlight concerning gaps that fall well short of best practice.
“In New Zealand, businesses have a responsibility to manage the risks to their workers associated with asbestos,” says the Head of WorkSafe’s General Inspectorate, Tracey Conlon.
WorkSafe requires asbestos management plans to be in place for workplaces where asbestos or asbestos-containing material has been identified or is likely to be present.
“The health consequences seen today are the legacy of historic exposure to asbestos, often while at work. Actions taken today will help prevent yourself, workers and others being harmed by asbestos-related disease in the future,” says Tracey Conlon.
WorkSafe has a broad range of advice and guidance online about managing asbestos-related risks, including what businesses are required to do to manage asbestos exposure risks.
Businesses need to keep their workers safe around vehicles and doing so can save lives, says WorkSafe New Zealand following the sentencing of a Southland business today.
McLellan Freight Limited was contracted to load and unload palm kernel extract at a warehouse leased from South Port in Bluff. In turn, McLellan Freight contracted trucks and drivers from Transport Services Southland Limited and Herberts Transport Limited.
One of those drivers was standing behind his truck when he was struck and killed, as another driver was reversing a front-end loader in February 2017.
“Clear separation of workers and moving vehicles is an absolute must in workplaces. Designated safe zones for people, alongside bollards or barriers to control the traffic flow are cost-effective ways to keep safe,” says WorkSafe’s acting national manager of investigations, Catalijne Pille.
A WorkSafe investigation found McLellan Freight should have had a more effective system in place for traffic management and should have consulted with the other trucking firms it worked with to manage the risks.
“Too much emphasis was placed on workers being vigilant, as opposed to businesses managing risks by preventing dangerous situations for workers. More could and should have been done by way of traffic management to ensure a safe system of work,” says Catalijne Pille.
Several measures could have reduced the risk of harm. These include:
having a dedicated spotter to help guide the driver at all times;
a stop line or safety cone so drivers know exactly where to stop;
use of a reversing camera on the loader;
use of proximity sensors;
use of blue light indicators on vehicles as appropriate
Following a judge-alone trial in June 2023, McLellan Freight was found guilty of health and safety failures.
Transport Services Southland Limited and Herberts Transport Limited pleaded guilty and were sentenced in October 2022 for their involvement.
McLellan Freight Limited was sentenced at Invercargill District Court on 16 November 2023.
A fine of $577,500 was imposed, and reparations of $115,896 ordered
McLellan Freight was charged under sections 34(1) and 2(b), 36(1)(a), 48(1) and (2)(c) of the Health and Safety at Work Act 2015:
being a PCBU, failed to ensure so far as was reasonably practicable, the health and safety of workers who worked for Transport Services Southland Limited while he was at work in the business or undertaking and that failure exposed [the victim] to a risk of serious injury arising from vehicles used while loading and unloading palm kernel expeller.
Being a PCBU who had a duty in relation to workers undertaking the loading, unloading, and transportation of palm kernel expeller at ADM New Zealand Ltd’s facility, failed to, so far as was reasonably practicable, consult, co-operate with, and co-ordinate activities with all other PCBUs who had a duty in relation to the same matter.
The maximum penalty is a fine not exceeding $1.5 million.
An electric shock which cost an Auckland scaffolder both his arms could have been avoided if his employer had paid closer attention to who was authorised to do the work.
Jahden Nelson was dismantling scaffolding in April 2022, when a steel pole he was holding contacted an overhead powerline in the West Auckland suburb of Massey.
As a result of the incident, Jahden received high voltage electrical burns to his upper and lower limbs, including an exit wound of the electrical charge through his left foot. Both arms were amputated to the upper bicep, and he will need daily assistance for routine activities for the rest of his life given the nature of his injuries.
The employer, CPA 2022 Limited, has now been sentenced for its health and safety failures.
The worksite had been given a Close Approach Consent, which is required when work is being done near overhead powerlines. The consent required the crew that put up the scaffolding to be the same crew that took it down, for safety reasons.
However, WorkSafe found that none of the four-man dismantling crew (including Jahden Nelson) had been involved at the outset. The initial crew received a briefing on how workers could safely operate under high-voltage lines, but not the dismantling crew.
Companies need to make sure that expert information they receive is shared with all workers who need it.
“Jahden was a young man who went to work fit and healthy, and now has an ongoing struggle to adjust to a fundamentally different way of life. His attitude, bravery, and determination to keep going is a testament to his strength of character,” says WorkSafe’s area investigation manager, Paul West.
“Anyone working in or around electricity, especially high voltage lines, needs to be aware of the specific requirements that come with Close Approach Consents. Lines companies can assist with the consent process if needed.
“For a seemingly simple communication breakdown to have such far-reaching consequences is horrendous,” says Paul West.
CPA 2022 Limited was sentenced at Waitakere District Court on 13 November 2023.
Fine reduced to $0 due to the company’s inability to pay. Details of the reparations were suppressed by the Court.
CPA 2022 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 Jahden Nelson, while the workers are at work in the business or undertaking, namely dismantling scaffolding, did fail to comply with that duty and that failure exposed workers to a risk of death or serious injury arising from the interaction between workers and overhead electric lines.
The maximum penalty is a fine not exceeding $1.5 million.
WorkSafe New Zealand has made decisions in relation to its organisational change which was announced on 21 September 2023. This change supports WorkSafe’s move to a more sustainable operating model and focuses on the core functions required of it as Aotearoa New Zealand’s health and safety regulator.
As part of ongoing funding discussions, in 2021 the former Minister for Workplace Relations and Safety commissioned the Strategic Baseline Review. The Review found that while WorkSafe is performing its core regulatory functions, work was needed to achieve a more sustainable funding model and greater clarity about the outcomes WorkSafe delivered in its role within the country’s health and safety regulatory system. Implementing the Review recommendations continues to be a priority for WorkSafe.
While reducing non-personnel costs was prioritised, there was still a need to reduce personnel costs. The final design includes a number of roles being disestablished and some new roles being established. Overall roles within WorkSafe will reduce by 113 through these confirmed decisions. There have been no reductions in inspector or investigator roles, and it remains our intention to grow those numbers over time.
Yet to be confirmed are the administrative and support functions, which we will be reconsulting on from Monday 6 to Friday 10 November.
WorkSafe New Zealand is again warning businesses to be on alert for the dangers of moving machinery, after a worker had his arm amputated on the job at a concrete manufacturer in Manawatū.
The victim was working at Dunlop Drymix Limited in Feilding early one morning in November 2021. While cleaning a conveyor belt he reached to retrieve a dropped tool, and his right arm was grabbed by rollers which pulled him further into the machine. The victim was alone at the time and had to leave the area to look for help. Tragically, surgeons could not reattach his arm and he remains off work.
A WorkSafe investigation found the conveyor’s off switch was located in the next warehouse, and its emergency stop switch was completely disconnected and non-functional. Dunlop Drymix had no standard operating procedure for cleaning of the machine, insufficient risk assessment, and should have trained staff on safe ways to clean. The company has now been sentenced for its health and safety failures.
Protecting people from machines is a priority area for WorkSafe. Far too many workers are killed or injured this way, and harm can be prevented by businesses controlling how people interact with vehicles, machinery, and structures.
“This life-changing injury could have been avoided if the machinery was properly safeguarded to industry standards,” says WorkSafe’s area investigation manager, Paul Budd.
“Although a business might have standard operating procedures for machinery while it’s in use, it’s critical to think about how that extends to cleaning and maintenance too. Those uses can’t be dismissed as out of sight and out of mind because they are happening out of hours.
“Dunlop Drymix has now improved its health and safety systems, but their experience provides a timely warning for other businesses. Clear guidance and standards have been in place for many years, and the wider manufacturing industry needs to take notice,” says Paul Budd.
Dunlop Drymix Limited was sentenced at Palmerston North District Court on 19 October 2023.
A fine of $297,000 was imposed, and reparations of $60,000 ordered
Dunlop Drymix 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 was reasonably practicable, the health and safety of workers who work for the PCBU while at work in the business or undertaking, namely cleaning a conveyor, did fail to comply with that duty, and that failure exposed the workers to a risk of death or serious injury arising from exposure to a nip point on the conveyor.
The maximum penalty is a fine not exceeding $1.5 million.
WorkSafe is warning businesses of the catastrophic consequences that can result from failing to undertake routine safety checks on trailers.
This follows the death of 52-year-old Julian Bruins Yates, whose van was struck when a trailer detached from a work vehicle in October 2020 on Weka Pass Road in Canterbury.
Ultimate Design and Renovation (UDR) Limited, which owned the A-frame trailer and tow vehicle, and its operational arm ABC Aluminium Limited, have now been sentenced for health and safety failures.
A WorkSafe investigation found the locking handle on the trailer was not engaged, and the trailer’s safety chain was not connected to the vehicle.
“These are routine checks that must be done when towing a trailer. If not, the consequences can be catastrophic,” says WorkSafe’s Head of Specialist Interventions, Dr Catherine Gardner.
ABC and UDR did not have systems to ensure vehicles were kept in good working order, or systems to ensure drivers visually checked their vehicles before use.
WorkSafe also found staff had inadequate information, training, instruction, supervision, and experience to safely use the company vehicles and trailers.
“It’s not enough to just have your workers sign a vehicle policy. Businesses need to ensure drivers are competent to safely use a vehicle, especially one that is being towed,” says Dr Gardner.
“Julian Bruins Yates was a father of two who lost his life through no fault of his own. Any business with a vehicle fleet should heed the lessons of this tragedy because it was entirely preventable.”
Julian Bruins Yates, whose van was struck when a trailer detached from a work vehicle in October 2020
Background
ABC Aluminium Limited and Ultimate Design & Renovation Limited were sentenced in the Christchurch District Court on 17 October 2023.
A fine of $270,000 was imposed, and reparations of $130,000 were ordered.
Both businesses were charged under sections 36(2) 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, that the health and safety of other persons, including Julian Bruins Yates, is not put at risk from work carried out as part of the conduct of the business or undertaking, including the use of a Nissan Caravan to tow an A-frame trailer, 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
Risk assessment failures by NZSki have emerged as central to the death of an experienced skier at Coronet Peak four years ago.
60-year-old Anita Graf-Russell died of blunt force trauma, after colliding with a wooden fence post at the bottom of Sugar’s Run in September 2019. She was a very accomplished skier who could tackle various trails and runs without any difficulty. Ms Graf-Russell was a much-loved sister, friend, mother of four, and grandmother.
In August 2023, Judge Geoff Rea found the operator NZSki Limited guilty of breaching its health and safety obligations, and the company was sentenced today in the Queenstown District Court.
WorkSafe’s investigation uncovered a 2014 document from a ski patrol staffer titled Padding Hazard Register Grid. It refers to “28 fence posts, metal deer fencing and strainers in the area being very likely to be skied into at high speed. Several serious harm injuries have occurred already. Many near misses.” The staffer stated the risk score as 10 out of 10.
In his decision, Judge Rea ruled the company had been put on notice of serious safety issues concerning the fence, but had not conducted an adequate risk assessment for the fence at any stage since 2014.
“NZSKI created a risk by having a ski run sloping towards a water reservoir, but did not control the subsequent risk of the fence they installed around it. The bottom line is if you create a risk, you need to assess it and control it,” says WorkSafe’s area investigation manager, Steve Kelly.
“Skiing is obviously a leisure activity, but that doesn’t excuse operators from failing to manage risk. You might be seeing a hazard in front of you so often it’s commonplace. But taking the time to go through a proper risk assessment process makes sense, especially in seasonal industries.
“Operators like this have a duty of care to not only their employees but also members of public, who are paying customers. Businesses and organisations must not lose sight of that,” says Steve Kelly.
Background
NZSKI Limited was sentenced at Queenstown District Court on 10 October 2023.
A fine of $440,000 was imposed, and reparations of $130,000 ordered.
NZSKI was charged under sections 37(1), 48(1) and 2(c) of the Health and Safety at Work Act 2015
Being a PCBU who controls or manages a workplace, namely Coronet Peak Ski Field, Queenstown (the Ski Field), failed to ensure so far as was reasonably practicable, that the workplace was without risks to the health and safety of any person, including Anita Maureen Graf-Russell, and that failure exposed Anita Maureen Graf-Russell to a risk of serious injury or death, arising from collision with a fence post that was part of a double height deer fence surrounding a water reservoir, at the base of the Sugar’s Run ski trail, at the Ski Field.
The maximum penalty is a fine not exceeding $1.5 million.
WorkSafe New Zealand Board Chair Jennifer Kerr has announced the appointment of Steve Haszard as the organisation’s next Chief Executive.
Mr Haszard will start with WorkSafe on Monday October 9 for a term of up to 18 months.
“Following the decision of current Chief Executive Phil Parkes to move on by the end of 2023 the WorkSafe Board moved quickly on a succession plan to enable an effective transition and to bring certainty of leadership,” says Ms Kerr.
“Steve brings strengths in regulatory practice, organisational change, and strategy development and execution. His leadership experience will provide clarity for WorkSafe’s staff and system partners throughout this period of change.
“Steve’s immediate priorities will be to lead WorkSafe through its organisational change process, drive the articulation of our strategy and implement the response to the Strategic Baseline Review.”
On October 9 Mr Parkes will move into the role of Strategic Advisor to the Chief Executive to support the transition period and will continue to lead several key projects which underpin WorkSafe’s core regulatory functions until he finishes by the end of 2023.
“Mr Haszard will focus on WorkSafe’s future from day one, and the organisation will continue to benefit from Mr Parkes’ experience, institutional knowledge and strong relationships within the health and safety system.
“Phil has led WorkSafe through some challenging times including Whakaari and COVID-19 while contributing to healthier and safer outcomes for New Zealanders,” says Ms Kerr.