27 September 2024

We have accepted an enforceable undertaking from the University of Waikato.

Incident

On 25 July 2022, a worker at the University of Waikato's campus was changing a compressed industrial cylinder containing high-purity oxygen. When the cylinder was turned on, an explosion occurred, resulting in a fireball. The worker, who was in close proximity, was engulfed in the blast and sustained serious injuries.

Alleged contravention

Being a Person Conducting a Business or Undertaking (PCBU), having a duty to ensure, so far as reasonably practicable, the health and safety of workers who work for the PCBU, while the workers were at work in the business or undertaking, namely while changing an oxygen cylinder supplying the glass blowing workshop, did fail to comply with that duty and that failure exposed workers to a risk of death or serious injury.

Summary highlights of the enforceable undertaking

• Financial amends to the victim.
• Commissioning a report to scope potential secondary defence controls for working with gases, identifying additional risk management measures to enhance protection.
• Developing a Research and Field Work Planning and Preparedness Framework.
• Developing and implementing a Gas Cylinder and Cryogenic Gases Training and Competency Programme.
• Creating a practical guide/workbook for the effective and safe detection of gases, supporting workers and students in both teaching and research environments, whether in the field or laboratory.

Reasons for accepting the undertaking

The enforceable undertaking meets the requirements of WorkSafe’s Enforceable Undertakings Operational Policy (September 2019), 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 organisation’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 the University of Waikato 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

11 September 2024

Further information

View the University of Waikato enforceable undertaking: