Employer fined after worker loses vision in workplace incident

A Kaikoura-based employer has been fined $22,000 following a workplace incident that led to one of his employees losing their vision. The case stems from an incident in March 2020, when a 17-year-old employee of the agricultural fencing sole trader lost his right eye after a piece of metal flew into it. The worker had undergone multiple surgeries for the eye, according to WorkSafe, but still lost his vision there.

The incident went unreported for several months after the employer failed to do so, despite it being his duty as required by the Health and Safety at Work Act 2015.

It was the victim's mother who reported the incident to WorkSafe, which commenced an investigation on the incident.

During the probe, investigators found that the employer did not provide full instruction to the victim regarding the use of personal protective equipment (PPE), such as safety glasses, and even indicated that buying them was too costly.

He was also probed on whether he told his workers to use protective gear, but he responded: "I'm not their mother and going to dress them every morning."

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Hayden Mander, WorkSafe's national manager of investigations, said that the employer's comments reflected an "outdated, unacceptable, and cavalier attitude."

"A young man at the start of his working life now has seriously impaired vision. It's astounding for an employer to not understand the seriousness of the situation," Mander added.

According to the official, the cost of health and safety is part of doing business, adding that appropriate PPE should have been provided to and required for the employee. He also condemned the employer's failure to inform WorkSafe of the incident.

"Beyond the obvious health and safety gaps in this case, it's both illegal and morally wrong for an employer of any size to not notify WorkSafe of an incident like this. No employer is exempt."

The employer has been charged under sections 36(1)(a), 48(1) and (2)(b) of the Health and Safety at Work Act 2015, which state that employers should ensure the health and safety of employees at work.

He was also charged under sections 56(1) and (6)(a) of the Health and Safety at Work Act 2015, which state that employers need to inform WorkSafe New Zealand of an injury in the workplace as soon as possible.

Following the incident, the employer was ordered to pay $22,500 for emotional harm and consequential loss, given his lack of insurance and inability to pay a fine.