Incident

On 13 September 2023, in the truck bay area of the Papamoa Pak’n Save supermarket operated by PAPPNS, a reversing forklift collided with a worker who sustained serious foot injuries.

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 working in the storage room and truck bay of the Papamoa Pak’n Save site, 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 mobile plant.

Summary highlights of the enforceable undertaking

• Financial amends to the victim.
• Installation of AI-enabled CCTV systems to identify situations or events that could pose risks to workers’ health and safety, with findings used to drive continuous improvement.
• Implementation of a pedestrian alert system, with forklifts fitted with sensors that detect tagged pedestrians and trigger light and/or sound warnings if they enter the detection zone.
• Sharing results and learnings from the AI CCTV and pedestrian alert system initiatives with industry stakeholders.
• Donations to the Papamoa Surf Lifesaving Club and the Philips Search and Rescue Trust.

Reasons for accepting the undertaking

The enforceable undertaking meets the requirements of WorkSafe’s Enforceable Undertakings Operational Policy (September 2019), 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 PAPPNS 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

17 September 2025

Further information

View the PAPPNS Trading Company Limited enforceable undertaking: