7 June 2024

We have accepted an enforceable undertaking from Trevelyan’s Pack and Cool Limited (Trevelyan’s).

Incident

On 25 April 2022, while working as a forklift driver at Trevelyan’s site in Te Puke, the victim was struck by another forklift while walking behind it as it was reversing. The incident caused severe injuries to his lower left leg, leading to amputation below the knee.

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, did fail to comply with that duty and that failure exposed workers to a risk of death or serious injury arising from the interaction between workers and mobile plant.

Summary highlights of the enforceable undertaking

• Financial amends to the victim.
• Install advanced technology on forklifts to improve safety and reduce the risk.
• Collaborate with the kiwifruit industry to spread the adoption of this technology and enhance safety measures.
• Investment in training to improve health and safety competency across the business.
• Funding the Amputee Society of Waikato, Bay of Plenty and Districts.
• Funding Health & Safety Association New Zealand (HASANZ) Scholarships.

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 Trevelyan’s 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 Trevelyan’s Pack and Cool Limited enforceable undertaking: