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

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 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