NZ: diving operator pledges more than $250,000 in an enforceable undertaking

WorkSafe New Zealand (NZ) made recently public on the 21st August, that they accepted an enforceable undertaking from Dive! Tutukaka Limited (DTL), after a sea cave school trip incident.

The dive operator is committing more than a quarter of a million dollars as part of the enforceable undertaking after two school children were trapped in a sea cave on a kayaking and snorkeling trip in the Poor Knights Islands Marine Reserve.

Sea cave incident on school trip

A sea cave incident happened on 7 December 2020, when DTL facilitated the excursion for a school. The children’s shared kayak capsized in rough swells and one of them got their feet stuck in a crevice and was submerged each time a wave entered the cave. The other child and a DTL worker were stranded on a ledge until a rescue helicopter arrived two hours later.

WorkSafe NZ found DTL breached Health and Safety Work Act

WorkSafe NZ investigated the incident and alleged that DTL breached the Health and Safety at Work Act 2015 by failing to ensure the health and safety of its workers and other persons.

Instead of facing prosecution, DTL entered into a legally binding safety pledge, known as an enforceable undertaking, which WorkSafe accepted.

What is an enforceable undertaking?

An enforceable undertaking is an alternative to prosecution for alleged breaches of health and safety legislation. It is a voluntary agreement between WorkSafe and the duty holder, which sets out specific actions that the duty holder will take to improve health and safety outcomes. The actions must deliver benefits beyond compliance and support WorkSafe’s strategic objectives.

The undertaking for DTL includes:

• Reparations to the two young victims
• Professional development and training for DTL workers
• Funding and training for the Northland rescue helicopter, Tutukaka Coastguard, and water confidence programs for local rangatahi
• Partnering with Education Outdoors New Zealand to upskill providers who work with schools.
• WorkSafe’s acting Head of Specialist Interventions, Catalijne Pille, said that the undertaking demonstrates a substantial commitment to health and safety, with benefits circled back to the community, workers, and the industry.

“The investment DTL will make exceeds what even the courts may have ordered in penalties. This shows that they take responsibility for their actions and want to prevent similar incidents from happening again,” she said.

WorkSafe is regularly monitoring DTL’s progress on the conditions of the undertaking and will resume prosecution if the commitment is not upheld.

Learn more by viewing the DTL enforceable undertaking.

Sources

Safety commitment agreed after sea cave ordeal by WorkSafe NZ, August 21st, 2023

Sea cave ordeal brings lessons for schools by WorkSafe NZ, December 13th, 2022