Incident

On 9 October 2023, a worker was fatally crushed after becoming trapped between the stabiliser leg of a truck and a trailer-mounted container crane (side loader/swing lift) when the stabiliser leg unexpectedly retracted.

Alleged contravention

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, namely using a side loader to transfer a shipping container from a truck, did fail to comply with that duty, and that failure exposed workers to the risk of death and serious injury.

Summary highlights of the enforceable undertaking

• Financial amends to the victim’s family.
• Development of AI camera sensor technology that can be retrofitted to existing side loaders to detect pedestrians who enter the exclusion zone and automatically shut down the machine.
• Sharing lessons learned and promoting this safety innovation through nationwide roadshows, a promotional video, and publications in Safeguard Magazine and Safeguard Insider to drive industry-wide improvement.
• Partnership with Waikato-Tainui iwi to deliver a transport trade work experience programme for rangatahi (youth), creating a pathway into skilled employment.

Reasons for accepting the undertaking

This enforceable undertaking was assessed under WorkSafe’s Enforceable Undertakings Operational Policy (September 2019) and meets all its requirements, considering:

• The activities in the enforceable undertaking and how they promote progressively higher standards of work health and safety.
• The nature of the alleged contravention and how serious it was.
• Information received from any interested party in relation to the contravention.
• Mitigation and remedial action, already taken or planned, regarding both the contravention and any person affected by the contravention (including victims).
• The business's past performance and compliance history with health and safety legislation.
• Any likely outcome if the matter were dealt with by legal proceedings.
  • A charge was filed in relation to this incident on the basis that there was both evidential sufficiency and a public interest in initiating prosecution.
  • The undertaking accounts for the benefits that accrue to Container Movers Limited by a prosecution not proceeding.
• Any other matter which WorkSafe thinks is relevant.
  • The undertaking delivers benefits beyond compliance.
  • The undertaking supports WorkSafe’s strategic objectives.
  • The undertaking contains acceptable terms.

Date accepted

4 February 2026

Further information

View the Container Movers Limited enforceable undertaking: