We have accepted an enforceable undertaking from Auckland International Airport Limited (AIAL).
On 15 November 2021, while clearing geese from the airport runway, a pyrotechnic cartridge ignited in the victim's hand causing serious injuries.
Being a PCBU having a duty to ensure, so far as is reasonably practicable, the health and safety of workers who work for the PCBU, while the workers are at work in the business or undertaking, namely operating pyrotechnic launchers, did fail to comply with that duty and that failure exposed workers to a risk of serious injury.
Summary highlights of the enforceable undertaking
- Financial amends to the victim.
- The implementation of a new suite of controls to greatly minimize risk to workers.
- The development and implementation of a wildlife working group with key external stakeholders.
- The development and implementation of a national wildlife hazards conference.
- Funding to Man Alive to expand their services in the South Auckland area – Man Alive(external link)
- Funding to Penina Trust to support their provision of mental health services in South Auckland area – Pacific community wellness in South Auckland | Penina Trust(external link)
Reasons for accepting the undertaking
The enforceable undertaking meets the requirements of WorkSafe’s Enforceable Undertakings Operational Policy (June 2019), considering:
- The activities in the enforceable undertaking and the expected 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.
- The undertaking accounts for the benefits that accrue to AIAL 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.
25 July 2023
View the Auckland International Airport Limited enforceable undertaking: