Incident

On 7 April 2024, an SDS worker suffered serious injuries to his left arm, hand, and face after making contact with an unguarded conveyor in a piece of mining equipment.

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 maintenance work, did fail to comply with that duty, and that failure exposed the workers to a risk of death or serious injury.

Summary highlights of the enforceable undertaking

• Financial amends to the victim.
• Delivery of nationwide fatigue management workshops for workers and industry.
• Development of a small mines health and safety toolkit and associated training package.
• Presentation at an industry conference on the enforceable undertaking and lessons learned.
• Donations to the Westpac Rescue Helicopter Trust and the New Zealand Mines Rescue Service.

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 SDS 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

26 May 2026

Further information

View the enforceable undertaking: