List of enforceable undertakings that have been ordered by a court.

Farman Turkington Forestry Limited

Following an incident on 26 January 2021, the Masterton District Court adjourned the proceedings for six months, granting a court-ordered enforceable undertaking (COEU) under section 156. 

Judge Morris noted that at the conclusion of the COEU a conviction will not be entered against Farman Turkington Forestry Limited (FTFL).

The incident involved a worker who sustained fatal injuries during a tree felling operation.

Breach

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

Summary

• Estimated minimum spend: $163,618.50.
• Develop a draft industry best practice guide for machine assisted felling and minor species
• Develop draft modifications for existing machine assisted felling unit standards 24569 and 24570
• Develop a draft new unit standard for machine assisted felling targeted towards the machine operator
• Develop draft suggested modifications to WorkSafe’s Approved Code of Practice for Safety and Health in Forest Operations (ACOP) as it relates to machine assisted felling
• Produce a training / best practice video for machine assisted felling
• Present FTFL’s learnings and recommendations to the next Wood Councils and Forestry Industry Safety Council (FISC) or the bi-annual Safety Forestry Conference
• Conduct a “roadshow” for forestry crews in the lower North Island to raise awareness of the incident and risks involved with machine assisted felling

Further details of the COEU, including independent auditor reporting requirements, are set out on page 14 of Judge Morris’ Sentencing Decision: "WorkSafe New Zealand v Egmont Logging Limited (in liquidation) and Farman Turkington Forestry Limited” CRI-2022-035-000082 [2024] NZDC 22106

Date ordered

13 September 2024

Brightwater Engineering Limited

Following an incident on 23 July 2021, the North Shore District Court convicted Brightwater Engineering Limited and adjourned the proceedings for eighteen months, granting a court-ordered enforceable undertaking (COEU) under section 156.

The incident involved a worker who suffered burns during the installation of a new fuse connector into a link-box, resulting in a flashover.

Breach

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

Summary

• Estimated spend: $291,786 – $296,786
• Development of a custom-built health and safety management system
• Purchase of an elevated work platform
• Purchase of burn-specific emergency kits and portable defibrillators
• Hazard and Risk Management Training and Advanced First Aid Training for workers
• Production of an educational health and safety video
• Setting up a scholarship programme to benefit recovering burn victims

Further details of the COEU, including six-monthly monitoring and interim and final independent auditor reporting requirements, are set out on page 18 of Judge Bergseng’s Sentencing Notes: "WorkSafe New Zealand v Brightwater Engineering Limited" CRI-2022-044-002193 [2024] NZDC 13600.

Date ordered

15 March 2024

Icepak New Zealand Limited

Following an incident on 14 August 2020, the Palmerston North District Court convicted Icepak New Zealand Limited and adjourned the proceedings for two years, granting a court ordered enforceable undertaking (COEU) in accordance with section 156.

The incident involved a worker who received an electric shock while loading shipping containers with produce via a mobile conveyor.

Breach

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

Summary

• A minimum spend of $500,000.00
• Create a fork-hoist training module for freezer environments
• Create industry specific Bow Tie Risk assessments
• Create a large freezer access guideline
• Create a standard conveyor design
• Donate to the Te Awa Community Foundation to support local initiatives
• Residual Current Device installation at key community locations in Dannevirke
• A community engagement programme.

Further details of the COEU, including monitoring, interim, and final reporting requirements: "WorkSafe New Zealand v Icepak New Zealand Limited" CRI-2021-010-000158 [2023] NZDC 1180.

Date ordered

29 January 2023

ISO Limited

Following an incident on 08 October 2018, the Gisborne District Court convicted ISO Limited and adjourned the proceeding for two years, granting a court ordered enforceable undertaking (COEU) in accordance with section 156.

The incident involved a worker who suffered fatal crush injuries when struck by a log falling from a trailer.

Breach

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

Summary

• A minimum spend of $16,630,000.00
• A national critical risk awareness campaign
• The development of a robotic technology solution to eliminate personnel from the tallying and image capture task at Eastland Port
• The implementation of mobile harbour crane with specialised grapple as an engineering solution for loading log vessels
• The investigation and trial of automated log restraint system for use with prime movers and on-road trailers used on public roads
• The establishment of a Health and Safety scholarship for the local community.

Further details of the COEU, including monitoring, interim, and final reporting requirements: "WorkSafe New Zealand v ISO Limited" CRI-2019-016-002209 [2021] NZDC 15256.

Date ordered

29 July 2021

Otago Polytechnic

Following an incident on 18 April 2018, the Dunedin District Court convicted Otago Polytechnic and adjourned the proceeding for two years, granting a court ordered enforceable undertaking (COEU) in accordance with section 156.

The incident involved a pre-trade carpentry student who suffered partial amputation of one of his fingers whilst operating an inadequately guarded draw-saw in the Otago Polytechnic’s Dunedin campus carpentry department.

Breach

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

Summary of enforceable undertaking

• Minimum spend $275,000;
• The design and delivery of an awareness campaign regarding the incident;
• The delivery of a range of safety training initiatives for key stakeholders, including translation into other languages to meet the needs of the Otago workforce;
• The provision of scholarships for 2021 construction courses.

Further details of the COEU, including 6 monthly monitoring and interim and final reporting requirements, as set out at page 26 of the Decision of Judge Phillips, "WorkSafe New Zealand v Otago Polytechnic" [2020] NZDC 11114.

Date ordered

18 June 2020