15 August 2024

We have accepted an enforceable undertaking from Silver Fern Farms Limited (SFF).

Incident

On 4 January 2022, two workers were undertaking a pre-start sanitisation clean of the processing area and equipment at SFF’s Hokitika processing plant when they inhaled a hazardous substance, resulting in hospitalisation.

Alleged contravention

Being a PCBU having a duty to ensure, so far as 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 while using the cleaning product Enforce to clean the meat processing area, did fail to comply with that duty.

Summary highlights of the enforceable undertaking

• Financial amends for the victims
• Funding the development of industry-specific health & safety guidance material
• Development of training videos focused on key high-risk cleaning tasks
• Sharing incident learnings and resources developed as part of the enforceable undertaking with industry stakeholders
• Donation to Safer Farms to support their “Half Arsed Stops Here” campaign aimed at reducing harm in the agricultural sector

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 SFF 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

21 June 2024

Further information

View the Silver Fern Farms Limited enforceable undertaking: