We have accepted an enforceable undertaking from Claymark Group Limited Partnership (‘Claymark’)

Incident

On 27 February 2023, a Claymark worker sustained serious hand injuries, including amputations of two fingers, after making contact with the moving parts of an industrial wood planer machine.

Alleged contravention

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 the “Michael Weinig” Powermat 2400 industrial planer, did fail to comply with that duty, and that failure exposed workers to a risk of death or serious injury arising from exposure to a cutting hazard.

Summary highlights of the enforceable undertaking

  • Financial amends to the victim.
  • Installation of CCTV systems incorporating AI technology to identify situations or events that could indicate risks to workers’ health and safety, with findings used to drive continuous improvements.
  • Funding a series of webinars showcasing AI technology and trials for businesses in the wood manufacturing sector, while sharing insights from collected data.
  • Redesigning health and safety documentation into accessible microlearning modules and installing interactive displays in break rooms to facilitate worker training.
  • Funding the Generation Programme initiative, which provides students in the Central North Island with the opportunity to achieve the Level 2 Certificate in Forestry Industry Foundation Skills.

Reasons for accepting the undertaking

The enforceable undertaking meets the requirements of WorkSafe’s Enforceable Undertakings Operational Policy (September 2019), considering:

  • The activities in the enforceable undertaking and how they promote progressively higher standards of work health and safety.
  • 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 business's past performance and compliance history 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 Claymark 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.

Date accepted

24 March 2025

Further information

View the Claymark Group Limited Partnership enforceable undertaking:

PDF
Enforceable undertaking – Claymark Group Limited Partnership (PDF 4.5 MB)