1 November 2018

We have accepted an enforceable undertaking from The Supplychain Limited after an incident on 13 July 2016.

On 13 July 2016, a worker was hit by a forklift at the Auckland Regional Distribution Centre, which is operated and controlled by The Supplychain Limited (a wholly owned subsidiary of Progressive Enterprises Limited). The victim was a truck driver and was in the loading bay for curtain-sider trucks. He was in the process of opening the trailer curtains when he was hit by a reversing forklift.

He suffered multiple fractures in his left lower leg, ankle and foot and required multiple surgeries. As a result, he spent 6 months off work for his injuries.

Alleged Breach

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

Summary of Enforceable Undertaking

The Supplychain Limited (TSL) will:

• Provide amends in the form of payment to the victim;
• Commission a SafePlus accredited assessor to provide onsite assessment and advisory services for TSL;
• Roll out ICAM Governance and Investigation training to other business units at Countdown;
• Have all health and safety representatives from TSL attend a ‘hazard identification and risk management’ course provided by IMPAC;
• Have all health and safety committee members from TSL attend a ‘creating effective health and safety committees’ course provided by IMPAC;
• Host two half day conferences in conjunction with New Zealand Food and Grocery Council (FGC) on the subject of transportation safety and safety leadership;
• Publish an article in Safeguard magazine on the lessons which come out from the conference;
• Arrange for the General Manager of TSL to speak at a Business Leaders’ Forum seminar about the importance of a strong workplace health and safety culture;
• Publish a case study in the FGC Newsletter;
• Develop a Traffic Management Standard for Distribution Centres and present to the FGC and WorkSafe;
• Provide a financial contribution to the FGC to assist it to develop a retail industry health and safety competency framework - subject to FGC’s proposal proceeding;
• Host joint education sessions with Vertical Horizons on safe forklift practices, first aid training and first line management to improve safe forklift skills, first aid skills and supervisory skills for community groups, youth and small businesses in South Auckland.

This enforceable undertaking has a total expenditure of at least $249,000.00

Reasons for Accepting the Undertaking

The alleged contravention does not amount to an offence against section 47 (reckless conduct) which would preclude it from being accepted.

The enforceable undertaking meets the requirements of WorkSafe’s Enforceable Undertakings Operational Policy (July 2017); 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.
• The incident was serious.

• 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 is satisfactory.

• 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.

• Any other matter which WorkSafe thinks is relevant.
• The undertaking delivers benefits beyond compliance.
• The undertaking offers sufficient benefit to the workplace, industry and community to offset the seriousness of the offending.
• The undertaking contains acceptable terms.
• The undertaking accounts for the benefits that accrue to The Supplychain Limited by a prosecution not proceeding.

Date accepted

15 October 2018

Further information

View the full Enforceable Undertaking: