2 April 2024

We have accepted an enforceable undertaking from Ashley Industrial Services Limited (AIS).

Incident

On 20 December 2021, while operating a docking saw and trimming ragged ends of timber, a worker suffered serious injuries to his hand when he was struck by the saw’s blade.

Alleged contravention

Being a PCBU, having a duty to ensure, so far as is 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 operating a docking saw on the Green Table, did fail to comply with that duty, and that failure exposed workers, to a risk of serious injury arising from exposure to a cutting hazard.

Summary highlights of the enforceable undertaking

• Financial amends to the victim.
• Preparation and dissemination of a Technical Bulletin.
• Development and Delivery of a Student Workplace Safety Programme.
• Development and Delivery of a Workshop Series in collaboration with NZTIF.

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 a public interest in initiating prosecution.
  • The undertaking accounts for the benefits that accrue to AIS 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

12 March 2024

Further information

View the Ashley Industrial Services Limited enforceable undertaking