New Zealand has a high rate of workplace fatalities compared to other OECD countries.  A conservative estimated by MBIE in 2012 suggests that the direct costs of injuries cost approximately $3.5 billion per year [ref].

Every year, WorkSafe brings about a number of prosecutions where PCBU’s have failed to meet their obligations under the Health and Safety at Work Act 2015 (prior to April 2016 the Health and Safety in Employment Act 1992). That is, to ensure, so far as is reasonably practicable, the health and safety of workers, and that other people are not put at risk by its work [ref].

The objective in bringing about a prosecution is to:

“deter non-compliance with the laws that it is responsible for enforcing. Prosecution action ensures that those who breach the law are held to account, and assists in promoting good health and safety values and practices.”

For each prosecution undertaken, a court summary is provided on the WorkSafe website. This is intended to provide transparency, and communicate the facts and circumstances of non-compliance. How compliance may have been achieved is also outlined in the safety lessons learned.

This article reviews the prosecutions brought about by WorkSafe and their recommendations as published on their website.

For a prosecution to be undertaken by WorkSafe, the investigator, manager and chief inspector need to agree to press charges. The file is legally reviewed to ensure the Solicitor General’s Prosecution Guidelines and the WorkSafe Prosecution Policy are met.