WorkSafe accepts enforceable undertaking with Directionz after employee's loss of eye

The worker was injured while using an angle grinder. Photo / 123RF

WorkSafe has accepted an agreement with a road services company following an incident with an angle grinder that lead to a worker losing their eye.

New Zealand's workplace health and safety regulator accepted an enforceable undertaking from Directionz Ltd today, following the 2016 incident.

An enforceable undertaking is an agreement between WorkSafe and a business made under the Health and Safety at Work Act 2015 (HSWA). It's entered voluntarily by the duty holder following a breach of HSWA.

The tool is increasingly being used as a positive alternative to prosecution.

The Directionz worker was cutting bolts off a post on a bridge using a portable angle grinder in May last year, when the blade disintegrated, penetrating their safety glasses and sending fragments into the worker's face.

They suffered cuts to their cheek, eyes and forehead.

"The worker's left eye was removed as a result of incident," a WorkSafe statement said.

Following its investigation into the incident, WorkSafe alleged Directionz had failed under the HSWA to ensure, "so far as was reasonably practicable", the health and safety of a worker.

WorkSafe technical programmes and support manager Simon Humphries said the decision to accept the enforceable undertaking "offered benefit beyond compliance".

"The incident has prompted major reform and rectifications in the standard operating
procedures and safety protocols of Directionz.

"The enforceable undertaking will see a more vigilant approach to monitoring changing work conditions, from methodology, the type of equipment used and the personal protection equipment used by workers."

The victim supported the undertaking and agreed to assist with the deployment of a Trauma Management System to share their experience.

Under the enforceable undertaking, Directionz Ltd committed to initiatives of at least $229,674 including providing financial reparation to the victim, engaging services of Massey University and other experts to provide a "best practice" working guide for laymen, and making a donation to the Blind Foundation.

Directionz managing director Reno Wijnstok said important lessons had been learned from the incident, and it served as a reminder to remain vigilant.

"It also reinforces the use of appropriate personal protection equipment. The company will take its lesson and assist others with a best practice user guide to avoid similar incidents."

This is the sixth enforceable undertaking accepted by WorkSafe under the HSWA since 2016.