WorkSafe accepts enforceable undertaking from Opus

WorkSafe New Zealand has accepted an enforceable undertaking from engineering and infrastructure company Opus International Consultants Limited (trading as ‘WSP Opus’), following an incident in February 2017 when scaffolding collapsed underneath Auckland’s Panmure Bridge. Six workers fell into the water below them. One worker was trapped on the scaffolding, but all escaped the scene without serious injury.

WSP Opus was the engineer to the contract for the maintenance work on the bridge, responsible for contract management; surveillance; and quality assurance in relation to the bridge restoration works.

An enforceable undertaking is an agreement between WorkSafe and a duty holder following a breach of the Health and Safety at Work Act. The agreement details a series of actions that WSP Opus will undertake and is legally binding.

WorkSafe’s investigation into the incident found that WSP Opus had failed to ensure the health and safety of workers whose activities in carrying out work were influenced or directed by WSP Opus. This included failing to notify the contractor that it required information about the scaffold load calculations and design drawings and failing to halt work on the site until adequate scaffold load calculations and design drawings had been provided.

WorkSafe’s Head of Specialist Interventions, Simon Humphries, said:

“This enforceable undertaking highlights the need for responsibilities to be delegated and understood in projects involving multiple parties. WSP Opus had an overarching responsibility for the health and safety of all the contractors bought in to complete the job.”

“Had the scaffolding collapsed over concrete – instead of water – the resulting harm to workers might have been very different. This is no lucky escape for WSP Opus though, and the enforceable undertaking agreed upon by WorkSafe will hold them to account for their failings.”

Under the enforceable undertaking, WSP Opus committed to initiatives including:

• Develop a practice guide and provide training for its employees on the guide.

• Undertake a full legal review of WSP Opus health and safety framework.

• Publish an external guide on NZS 3910 (New Zealand’s official standard for the conditions of contract for building and civil engineering construction) and disseminate this guide to a wider audience.

• Publish an external article about the incident and what WSP Opus has learnt in an industry publication.

• Make a donation to the New Zealand Institute of Safety Management.

• Provide work experience for students from Auckland University to attend training on health and safety and the 3910 contract, for two years.

Managing Director of WSP Opus, Ian Blair, said:

“WSP Opus takes health and safety extremely seriously and values the protection of our workers (including contractors) above everything else. This is a timely reminder in following due process and procedure to ensure the safety of workers on site, and WSP Opus will gladly execute on the actions under the enforceable undertaking to help prevent the recurrence of instances such as this.”

The full enforceable undertaking together with WorkSafe’s reasons for its decision is available at: https://worksafe.govt.nz/laws-and-regulations/enforceable-undertakings/accepted-enforceable-undertakings/opus-international-consultants-limited/.

WorkSafe will continue to monitor compliance of this enforceable undertaking.

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