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On 20 April 2017 a worker suffered a fractured ankle and burns to the left hip after his leg was trapped in a rotating shaft of an extrusion press.
Sections 36(1)(a) and 48(2)(c) of the Health and Safety at Work Act 2015.
Summary of undertaking
National Aluminium Limited will:
- Provide Incident Cause Analysis Method awareness and investigator training for 22 of its employees
- Provide NZQA unit standard – Workplace Safety, for employees leading to a Certificate in General Manufacturing Level 2.
- Publish an article about the incident and lessons learnt in the Window Association of NZ newsletter.
- Present at three industry-wide conferences about the importance of workplace health and safety, referencing its own experience in relation to this incident.
- Provide Incident Cause Analysis Method training for franchisee production/factory managers (up to 32 participants).
- Partner with Community Waikato to produce health and safety resources (booklet and workshops) for small-medium size community organisations and marae communities.
- Provide reparations to the victim
This enforceable undertaking has a total expenditure of at least $129,114 (including WorkSafe’s recoverable costs).
Reasons for accepting the undertaking
- The alleged contravention is not a section 47 (reckless conduct) offence which would preclude it from being accepted.
- The enforceable undertaking meets the requirements of WorkSafe’s Enforceable Undertakings Operational Policy document dated December 2016; in particular noting:
- The nature of the alleged misconduct and how serious it was.
- National Aluminium Limited had health and safety systems in place and had identified the moving parts on the extrusion press as a risk. But it had not sufficiently guarded them or trained the victim in lockout procedures.
- The injury sustained by the victim was a serious ankle fracture and deep abrasions to the hip however the victim has recovered. The victim has returned to work (at a different company).
- Submissions received from any interested party, including any victim(s), in relation to the contravention.
- Acceptable amends were provided to the victim.
- The victim was supportive of an enforceable undertaking as an alternative to a prosecution.
- The person’s conduct in respect of mitigation and remedial action, regarding both the contravention and any person affected by the contravention (including victims).
- National Aluminium Limited has-
- expressed regret and remorse for the incident.
- made a number of rectifications to prevent reoccurrence of such an incident, which includes improved guarding, lockout procedures and communication with workers.
- made a statement confirming that the behaviour, activities and other factors which led to the contravention have ceased and will not reoccur.
- shown a commitment to implementing the activities agreed in this undertaking.
- The activities in the enforceable undertaking will provide long-term sustainable health and safety improvements in the workplace, industry and community.
- National Aluminium Limited has-
- The person’s past performance and history of compliance with health and safety legislation.
- National Aluminium Limited does not have any previous health and safety convictions.
- Any other matter which WorkSafe thinks relevant
- The undertaking offers sufficient benefit to offset the seriousness of the offending.
- The undertaking accounts for the benefits that accrue to the PCBU by the prosecution not proceeding.
10 July 2017
View the full National Aluminium Limited enforceable undertaking here