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We have accepted an enforceable undertaking from Unison Contracting Services Limited after an incident on 27 July 2018.
A worker was electrocuted while testing transformers in the workshop.
Health and Safety at Work Act 2015, S 36(1), 48(1) and 48(2)(c).
The alleged contravention does not amount to an offence against section 47 (reckless conduct) which would preclude it from being accepted.
Summary of enforceable undertaking
- Up-skilling Health & Safety representatives.
- Leadership training to support positive Health & Safety outcomes.
- Supporting the Electricity Engineers Association to accelerate their low voltage work control programme.
- A donation to the Lower Hutt DHB Burns Unit.
- A donation of 10 automatic external defibrillators to the local community.
This enforceable undertaking has a total expenditure of at least $325,000.
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. o 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 Unison 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.
13 March 2020
View the full enforceable undertaking: