How to notify us over the holiday period.
Notifications
If someone has been seriously injured, become seriously ill, or died as a result of work – phone us on 0800 030 040 straight away. We have staff available to respond to these 24/7.
If you’re not sure what a notifiable event is, including your obligation to hold a scene, visit What events need to be notified?
Notifications made through our online form won't be monitored between 12pm on Tuesday 24 December 2024 and 8.30am on Monday 6 January 2025.
If you’re not sure if you need to notify us, use our online notification system and we’ll respond to you after 6 January 2025.
Health and safety concerns
If you have a health and safety concern that isn’t urgent, use our online form and we’ll respond to you after 6 January 2025.
Raise a health or safety concern
General enquiries
General enquiries made by phone or email after 12pm on Tuesday 24 December will be responded to from Monday 6 January 2025. This does not apply to notifications made by phone on 0800 030 040.
We wish you a safe and relaxing holiday.
We have accepted an enforceable undertaking from Pengellys after an incident on 29 March 2018.
Incident
While attempting to move an empty 40 foot container, a worker was seriously injured when he was trapped between a forklift and nearby dunnage (wood).
Alleged Breach
Health and Safety at Work Act 2015, S 36(1), 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 of Enforceable Undertaking
- Funding for devices to allow learners to access learning programme (below) and access the Pathways Awarua online self-paced literacy and numeracy learning system.
- Funding and developing a Health and Safety representative Skills and Improvement programme.
- Establishing a community of practice scholarship programme.
This enforceable undertaking has a total expenditure of at least $300,000.
Reasons for Accepting the Undertaking
The enforceable undertaking meets the requirements of WorkSafe’s Enforceable Undertakings Operational Policy (June 2019); noting:
- The nature of the proposals in the application and the benefits that would be realised to the health and safety system from them: The activities in the enforceable undertaking will provide long-term sustainable 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. A successful prosecution outcome may have resulted.
- The undertaking accounts for the benefits that accrue to Pengellys 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
14 September 2020
Further information
Last updated