Incident

On 16 March 2020, while working onsite unloading general waste, the victim was struck by a loader and crushed between the back of the loader and the trailer of his truck. He died from his injuries.

Alleged breach

Health and Safety at Work Act 2015, S 36(1)(a), 48(1) and 48(2)(c).

The alleged contravention does not amount to an offence against section 47 (reckless conduct) which would preclude it from being accepted.

Summary highlights of the enforceable undertaking

• Financial amends to the victim’s family
• An Artificial Intelligence technology initiative in health and safety
• The development and implementation of a worker engagement tool for work variability and adaption
• The development and implementation of a methodology for worker critical analysis and thinking skills
• The development and implementation of a methodology to better understand dynamic risk
• A waste industry community learning programme
• Funding Waikato Youth INtact for youth alcohol and drug programme in the Waikato region
• Funding scholarships for adolescent drug and alcohol practitioners in the Waikato.

This enforceable undertaking has a minimum total expenditure of $950,000.

Reasons for accepting the undertaking

The enforceable undertaking meets the requirements of WorkSafe’s Enforceable Undertakings Operational Policy
(June 2019), considering:

• The activities in the enforceable undertaking and the expected health and safety improvements in the
  workplace; industry; and community.
• 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 person’s past performance and history of compliance 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 the duty holder 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
06 September 2022.

Further information

View the EnviroWaste Services Limited enforceable undertaking: