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We have accepted an enforceable undertaking from Pengellys after an incident on 29 March 2018.
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).
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.
14 September 2020