4 April 2025

Basic machine safety failures culminated in the death of a worker at one of New Zealand’s biggest fertiliser companies where obvious risks were overlooked, WorkSafe says.

Wesley Tomich was cleaning around a conveyor belt as it was still operational at Ballance Agri-Nutrients in Mt Maunganui in July 2023. The 37-year-old tried to step over the conveyor but lost his footing and was drawn into the machine. He died from his injuries at the scene.

A WorkSafe investigation found the conveyor had exposed moving rollers and nip points which should have been guarded. The factory’s procedures allowed workers to routinely clean near the conveyor system while it was in motion. What’s worse, workers could not easily reach the emergency stop switches as they were too far away.

“Although Ballance had some safety processes in place, they failed to match the reality of workers trying to find the quickest or most effective way to do a task. In this case, stepping over was quicker than going around the far end of the conveyor or 60 metres to the nearest walkway. A qualified expert can help organisations to ensure that machinery is properly guarded,” says WorkSafe’s Head of Inspectorate, Rob Pope.

“Emergency stops are no substitute for effective machine guarding. If you are using e-stops, they should always be placed close to where workers may need them. Another option is to issue each worker with personal e-stop devices to cover risky areas.

“Getting out on the floor and speaking to workers face to face about how they do things can give you a feel for exactly what’s going on in a workplace. These observations can help to plug dangerous gaps,” says Rob Pope.

Businesses must manage their risks and where they don't WorkSafe will take action. This is part of WorkSafe’s role to influence businesses to meet their responsibilities and keep people healthy and safe.

Manufacturing is one of New Zealand’s most dangerous sectors, which is why it’s a focus of WorkSafe’s new strategy. Our priority plan for the sector targets workers caught or trapped in machinery as a specific source of high harm. WorkSafe’s targeted frontline activities in manufacturing will be increasing as there are opportunities to significantly improve health and safety performance, reduce acute and chronic harm, and address inequities.

Read the best practice guidelines for the safe use of machinery
Read WorkSafe’s priority plan for manufacturing

Background 

• Ballance Agri-Nutrients Limited was sentenced in a reserved decision of the Tauranga District Court.
• A fine of $420,000 was imposed.
• Ballance Agri-Nutrients was charged under sections 36(1)(a), 48(1) and 48(2)(c) of the Health and Safety at Work Act 2015:
  • 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, including Wesley Tomich, while at the work in the business or undertaking, namely cleaning a conveyor system, did fail to comply with that duty and that failure exposed workers to a risk of death or serious injury arising from exposure to moving conveyor belts.
• The maximum penalty is a fine not exceeding $1.5 million.