19 November 2021

We have accepted an enforceable undertaking from Hiway Stabilizers NZ Limited.

Incident

On 03 December 2019, while attempting to clear debris near an open void on a Komatsu GS360 Stabilizer Machine, the victim's foot missed the debris and went inside the void. His foot became entangled in the still rotating axle and his leg was drawn into the void and was amputated below the knee.

Alleged Breach

Health and Safety at Work Act 2015, S 36(1)(a), 48(1) and 48(2)(c)
The alleged contravention does not amount to an offence against section 47 (reckless conduct) which would preclude it from being accepted.

Summary of Enforceable Undertaking

• Financial amends to the victim
• A virtual reality training system
• A stabilising industry improvement initiative
• Suitable donations to benefit the community

This enforceable undertaking has a total expenditure of at least $360,000

Reasons for Accepting the Undertaking

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

• 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.
  • The undertaking accounts for the benefits that accrue to Hiway 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.