23.07.2018

Don’t make it worse … notify WorkSafe

Our message to you – if there is an incident or event that needs to be notified to WorkSafe, for heaven's sake, notify it!

You know the adage, “If you find yourself in a hole, stop digging”? It is apt in so many areas of business (and life!) but is particularly relevant when it comes to WorkSafe notifications. Our message to you – if there is an incident or event that needs to be notified to WorkSafe, for heaven’s sake, notify it! Keeping quiet is only going to make the proverbial hole deeper.

We saw a good example of this in a recent WorkSafe District Court prosecution where an Auckland business was convicted and sentenced on two charges: failing to ensure the health and safety of a worker, and failing to notify WorkSafe of a “notifiable event”.

The incident occurred in May 2016 when approximately 200 kg of plasterboard fell on a worker, causing a skull fracture and head injuries, which required surgery and four days in hospital. Trade Depot Limited, the PCBU, failed to notify WorkSafe at the time. Two months later when it was notified to WorkSafe, Trade Depot downplayed the incident – saying that the worker had suffered “probable concussion”, but leaving out its knowledge of the extensive bleeding, fractures, surgery and hospitalisation.

Unsurprisingly, when further information about the seriousness of the injuries came to WorkSafe’s attention (it has ways and means of finding out!) it was less than impressed, and an investigation and prosecution followed. The court imposed a fine of $16,875 against the PCBU for failing to notify (in addition to a significant fine for the charge of failing to ensure the worker’s safety, plus reparation and prosecution and court costs).

We wrote an article about exactly what needs to be notified in August last year Who ya gonna call – it is well worth having another read to remind yourself of the requirements. There is a $50,000 maximum fine for failing to notify as soon as possible (plus the inherent danger in annoying the regulator which will be investigating the accident) so our advice is to err on the side of caution.

If you have any questions about your obligations to notify WorkSafe or you have had an incident and are wondering whether its something that needs to be notified, please give us a call. We can help get you out of the hole – or at least stop it getting deeper.

Do you need expert legal advice?
Contact the expert team at Hesketh Henry.
Kerry
Media contact - Kerry Browne
Please contact Kerry with any media enquiries and with any questions related to marketing or sponsorships on +64 9 375 8747 or via email.

Related Articles / Insights & Opinion

Alert Level 3; Hi-ho, hi-ho, back to work we go?
In Auckland, we’re excited to be moving to Alert Level 3, if only so we can take a break from cooking every single meal! 
21.09.2021 Posted in Business Advice & COVID-19 & Employment
M&A Pricing Mechanics: Completion Accounts vs Locked Box
A critical period in the timeline of any M&A share transaction is the period between signing the Share Sale and Purchase Agreement and completion.
Climate Change and the Construction Industry: Counting down to a national strategy
The Government is getting closer to the publication of a national strategy for responding to climate change.
21.09.2021 Posted in Climate Change & Construction
Formation of Contract: Black Sea Commodities Ltd v Lermarc Agromond Pte Ltd
The English High Court decision in Black Sea Commodities Ltd v Lermarc Agromond Pte Ltd [2021] EWHC 287 highlights the importance of parties to commodities contracts expressly including an arbitration clause in the contract. This is particularly when the contract is formed by email or instant messaging negotiations.
20.09.2021 Posted in Litigation & Dispute Resolution
August 2021 Lockdown – what financial support is available?
The Government is offering various support schemes to help employees and businesses cope with the 2021 COVID-19 Lockdown.  Given the differing eligibility requirements it is easy to become overwhelmed.
20.09.2021 Posted in Business Advice & COVID-19 & Employment
Clarity on Liquidated Damages following Termination
The United Kingdom Supreme Court in Triple Point Technology Inc v PTT Public Company Ltd [2021] UKSC 29 has clarified the operation of liquidated damages clauses in the event of termination.  The dec...
Is your will in draft form?  High Court refuses to exercise its discretionary power to validate a draft will notwithstanding beneficiaries’ consent
The High Court’s recent decision in Re: An application to validate the will of Olive Ruby Piper [2021] NZHC 534 serves as a valuable reminder to make sure that your estate planning documents are...
16.09.2021 Posted in Family & Trust Wills Estates
Send us an enquiry
For expert legal advice, please complete the form below or call us on (09) 375 8700.
  • This field is for validation purposes and should be left unchanged.
-->