New Zealand Law Society - WorkSafe/Zespri Enforceable Undertaking fourth under 2015 Act

WorkSafe/Zespri Enforceable Undertaking fourth under 2015 Act

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WorkSafe New Zealand says it has accepted an enforceable undertaking from Zespri International Ltd, following a fatal quad bike incident on a Tauranga orchard in May 2016.

This is the fourth  enforceable undertaking accepted by WorkSafe under Subpart 4 of the Health and Safety at Work Act 2015; a tool that is increasingly being used, in appropriate cases, as a positive alternative to prosecution. This case is one of the first multi-party prosecutions undertaken by WorkSafe.

After investigating the Zespri incident, WorkSafe alleged that Zespri had failed under the Health and Safety at Work Act 2015 to ensure, so far as was reasonably practicable, the health and safety of a worker. Three other parties have also been charged in connection with this incident.

WorkSafe Manager Technical Programmes and Support, Simon Humphries, says the decision to accept the enforceable undertaking was appropriate when considering all the circumstances of this case.

“An enforceable undertaking is not usually an accepted alternative to prosecution where an alleged contravention has resulted in a fatality. In this case, the failures alleged of Zespri were not directly causative of the worker's death,” he says.

“The activities outlined in the enforceable undertaking will provide long-term sustainable health and safety improvements in the workplace, industry and wider community.

“The family of the deceased have been contacted and are satisfied with this outcome”.

Under the enforceable undertaking, Zespri International Ltd has committed to initiatives including:

  • Continuing facilitation of grower health and safety education.
  • Implementing health and safety reviews of contractors who contract directly with Zespri for on-orchard services.
  • Initiating information campaigns relating to health and safety.
  • Sponsoring and promoting the Horticultural Health and Safety Forum.
  • Establishing a tertiary scholarship for accredited health and safety studies.