19 June 2024

We have accepted an enforceable undertaking from Te Pūkenga – New Zealand Institute of Skills and Technology (Te Pūkenga).

Incident

On 24 March 2022, while driving down the carriageway to exit the education provider's site, the victim's car collided with an unsecured steel boom gate that had been blown into the carriageway by a gust of wind, resulting in severe injuries.

Alleged contravention

Being a PCBU who manages and controls a workplace, having a duty to ensure, so far as is reasonably practicable, that the workplace, the means of entering and exiting the workplace, and anything arising from the workplace are without risks to the health and safety of any persons, failed to comply with that duty, and that failure exposed persons to a risk of serious injury or death arising from an unsecured access barrier gate.

Summary highlights of the enforceable undertaking

• Financial amends to the victim.
• Develop and trial a contractor management methodology using kaupapa Māori storytelling and storyboarding to improve engagement and collaboration.
• Develop, trial, and share a tool to assess psychosocial risks, enabling educational providers to understand and improve workplace conditions that affect well-being and performance.
• Provide funding to NZISM for a feasibility study on establishing an agency to advance the alignment of New Zealand OHS (Occupational Health and Safety) qualifications and professionalism with current health and safety standards.

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 organisations 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 Te Pūkenga 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

8 May 2024

Further information

View the Te Pūkenga – New Zealand Institute of Skills and Technology enforceable undertaking: