National Aluminium Limited

On 20 April 2017 a worker suffered a fractured ankle and burns to the left hip after his leg was trapped in a rotating shaft of an extrusion press.

Alleged breach

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

Summary of undertaking

National Aluminium Limited will:

  • Provide Incident Cause Analysis Method awareness and investigator training for 22 of its employees
  • Provide NZQA unit standard – Workplace Safety, for employees leading to a Certificate in General Manufacturing Level 2.
  • Publish an article about the incident and lessons learnt in the Window Association of NZ newsletter.
  • Present at three industry-wide conferences about the importance of workplace health and safety, referencing its own experience in relation to this incident.
  • Provide Incident Cause Analysis Method training for franchisee production/factory managers (up to 32 participants).
  • Partner with Community Waikato to produce health and safety resources (booklet and workshops) for small-medium size community organisations and marae communities.
  • Provide reparations to the victim

This enforceable undertaking has a total expenditure of at least $129,114 (including WorkSafe’s recoverable costs).

Reasons for accepting the undertaking

  • The alleged contravention is not a section 47 (reckless conduct) offence which would preclude it from being accepted.
  • The enforceable undertaking meets the requirements of WorkSafe’s Enforceable Undertakings Operational Policy document dated December 2016; in particular noting:
    • The nature of the alleged misconduct and how serious it was.
      • National Aluminium Limited had health and safety systems in place and had identified the moving parts on the extrusion press as a risk.  But it had not sufficiently guarded them or trained the victim in lockout procedures. 
      • The injury sustained by the victim was a serious ankle fracture and deep abrasions to the hip however the victim has recovered.  The victim has returned to work (at a different company).
    • Submissions received from any interested party, including any victim(s), in relation to the contravention.
      • Acceptable amends were provided to the victim.
      • The victim was supportive of an enforceable undertaking as an alternative to a prosecution.
    • The person’s conduct in respect of mitigation and remedial action, regarding both the contravention and any person affected by the contravention (including victims).
      • National Aluminium Limited has-
        • expressed regret and remorse for the incident.
        • made a number of rectifications to prevent reoccurrence of such an incident, which includes improved guarding, lockout procedures and communication with workers. 
        • made a statement confirming that the behaviour, activities and other factors which led to the contravention have ceased and will not reoccur.
        • shown a commitment to implementing the activities agreed in this undertaking.
      • The activities in the enforceable undertaking will provide long-term sustainable health and safety improvements in the workplace, industry and community. 
    • The person’s past performance and history of compliance with health and safety legislation.
      • National Aluminium Limited does not have any previous health and safety convictions.
    • Any other matter which WorkSafe thinks relevant
      • The undertaking offers sufficient benefit to offset the seriousness of the offending.
      • The undertaking accounts for the benefits that accrue to the PCBU by the prosecution not proceeding.

Date accepted

10 July 2017

Further information

View the full National Aluminium Limited enforceable undertaking here

Enforceable undertaking - National Aluminium Ltd  (PDF 1.5 MB)