We have accepted an enforceable undertaking from Marlborough Lines Limited after an incident on 16 November 2016.

Incident

Power was unsafely restored to a private electricity network.

Alleged breach

Health and Safety at Work Act 2015, S 36(2), 48(1) and (2)(c) & 34(1) and (2)(b) .

The alleged contravention did not amount to an offence against section 47 (reckless conduct) which would preclude it from being accepted.

Summary of Enforceable Undertaking

  • With the support of the Electricity Engineers Association and Electricity Networks Association, MLL will develop and deliver a comprehensive education programme for industry.

This enforceable undertaking has a total expenditure of at least $160,000.

Reasons for accepting the undertaking

The enforceable undertaking meets the requirements of WorkSafe’s Enforceable Undertakings Operational Policy (June 2019); 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.
  • 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 person’s past performance and history of compliance 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 a public interest in initiating prosecution. A successful prosecution outcome may have resulted.
    • The undertaking accounts for the benefits that accrue to MLL 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

09 June 2020

Further information

PDF
Enforceable undertaking - Marlborough Lines Limited (PDF 4.6 MB)