We have accepted an enforceable undertaking from Bramwell Scaffolding Limited after an incident on 21 June 2018.
The victim (an employee of another PCBU, subcontracted to Bramwell Scaffolding Ltd who, in turn, were contracted by Stevenson and Williams Ltd) was working at height on a scaffold, when he fell approximately 3.5 metres to the ground, hitting his head and losing consciousness. He suffered a scalp laceration, skin abrasion, bruising to the right and left humerus, right forearm and left knee. He was off work for four weeks and required physiotherapy.
Sections 43(1) and (2)(b) and 48(1) and 2(c) of the Health and Safety at Work Act 2015.
Summary of Enforceable Undertaking
Bramwell Scaffolding will:
- Provide amends in the form of payment to the victim.
- Upgrade their health and safety management system to ISO45001.
- Conduct an independent Audit of their compliance with ISO45001.
- Develop & implement e-learning modules.
- Sponsor one of their employees through the National Diploma in Health and Safety.
- Develop and distribute a guide in collaboration with SARNZ.
- Make a suitable donation to LifeMatters Suicide Prevention Trust.
This enforceable undertaking has a total expenditure of at least $86,091 not including GST or rectifications made arising from the incident).
Reasons for Accepting the Undertaking
The alleged contravention does not amount to an offence against section 47 (reckless conduct) which would preclude it from being accepted.
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 Bramwell Scaffolding by a prosecution not proceeding.
- Any other matter which WorkSafe thinks is relevant.
- The undertaking delivers benefits beyond compliance.
- The undertaking offers sufficient benefit to the workplace, industry and community to offset the seriousness of the offending.
- The undertaking contains acceptable terms.
16 October 2019
View the full enforceable undertaking: