13 January 2025

We have accepted an enforceable undertaking from Ecostore Company Limited (‘Ecostore’).

Incident

On 7 March 2023, an Ecostore worker sustained chemical burn injuries when a pressurised hose carrying a hazardous liquid disengaged from its clamp, spraying the substance into the air and contacting the worker’s eyes.

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 manufacturing dishwasher powder, did fail to comply with that duty, and that failure exposed the workers to a risk of serious injury or serious illness.

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.
• Implementation of a new suite of controls to minimise workers’ exposure to risk and improve health outcomes.
• Development and delivery of a webinar with the EMA, highlighting the incident and key learnings.
• Funding a pilot programme by Blind Low Vision NZ to educate and support businesses employing visually impaired staff, with a focus on workplace health and safety, inclusion, and wellbeing – Blind Low Vision NZ(external link)

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 public interest in initiating prosecution.
  • The undertaking accounts for the benefits that accrue to Ecostore 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

4 November 2024

Further information

View the Ecostore Company Limited enforceable undertaking: