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On 8 December 2016 the worker was working on a roller machine called a pendistor. While cleaning the machine, the worker was exposed to a nip point resulting in his arm getting stuck in the pendistor. The worker sustained three fractures to his arm, a graze to his head and a bleeding nose.
Sections 36(1) (a), 48(1) and 2(c) of the Health and Safety at Work Act 2015
Summary of Enforceable Undertaking
Dongwha NZ Ltd will:
- Provide amends in the form of payment to the victim; support to the victim; and ACC top-up.
- Undertake a health & safety benchmark survey.
- Provide additional staff training in machinery safety.
- Undertake independent auditing to international standards.
- Establish and run a pan industry safety forum.
- Funding for health & safety education in the local high school career pathway programme.
- Make appropriate donations.
This enforceable undertaking has a total expenditure of at least $210,000.00
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 (July 2017); 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.
- The incident was serious.
- Information received from any interested party in relation to the contravention.
- The victim supports an enforceable undertaking as a suitable enforcement outcome to the incident.
- The Employers & Manufacturers Association supports the activities of the enforceable undertaking activities.
- Mitigation and remedial action, already taken, or planned, regarding both the contravention and any person affected by the contravention (including victims).
In addition to the measures outlined above, Dongwha NZ Ltd has:
- Expressed regret that the incident occurred and that a serious injury was suffered by the victim.
- Immediately taken remedial action to address the work practices that led to the incident.
- The person’s past performance and history of compliance with health and safety legislation is satisfactory.
- 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.
- 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.
The undertaking accounts for the benefits that accrue to Dongwha NZ Ltd by a prosecution not proceeding.
27 April 2018
View the full Dongwha New Zealand Limited (Daiken Southland Ltd) enforceable undertaking: