14 February 2019

We have accepted an enforceable undertaking from Linfox Logistics Limited after an incident on 13 July 2016.

On 13 July 2016 a worker (employed by Bulldog Haulage Ltd: subcontracted to Linfox Logistics Ltd) was hit by a forklift at the Auckland Regional Distribution Centre (operated and controlled by The Supplychain Limited: a wholly owned subsidiary of Progressive Enterprises Limited). The victim was a truck driver who was in the loading bay for curtain-sider trucks. He was in the process of opening the trailer curtains when he was hit by a reversing forklift.

He suffered multiple fractures in his left lower leg, ankle and foot and required multiple surgeries. As a result, he spent 6 months off work for his injuries.

Alleged Breach

Sections 36(1) (a); 48(1) and 2(c) of the Health and Safety at Work Act 2015

Summary of Enforceable Undertaking

Linfox Logistics Limited will:

• Provide amends in the form of payment to the victim.
• Introduce Retail Kiosks and Video Mud Maps for use by Drivers on sites.
• Install Blue Light Technology on all Linfox material handling equipment.
• Present to industry partners on changes to logistic centre practices.
• Provide educational experiences in frontline logistics to students at Manukau Institute of Technology.
• Provide sponsorship to a University of Canterbury project.
• Install defibrillators at all Linfox sites.
• Make a suitable donation to St John.

This enforceable undertaking has a total expenditure of at least $126,000 (not including 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 (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.
• None received.

• Mitigation and remedial action, already taken, or planned, regarding both the contravention and any person affected by the contravention (including victims).
• Appropriate action has been taken.

• The person’s past performance and history of compliance with health and safety legislation.
• Is acceptable.

• 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 Linfox Logistics 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.

Date Accepted

4 February 2019

Further information

View the full Enforceable Undertaking: