The Ministry for Primary Industries was sentenced today at the Invercargill District Court on charges it failed to ensure workers were not exposed to hazardous chemicals.

A fine of $30,000 was imposed and reparation of $1666 was ordered. 

The Ministry for Primary Industries was sentenced under sections 36(1)(a), 49(1) and (2)(c) of the Health and Safety at Work Act 2015. 

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The charges related to the ministry’s duty to ensure so far as reasonably practicable, the health and safety of its workers.

Worksafe brought the charges and said in a media release issued after sentencing that communication was “vital when multiple businesses come together to carry out work”.

In 2017, in efforts to manage an outbreak of Mycloplasma bovis, the ministry contracted biosecurity company AsureQuality who in turn engaged OneStaff, to provide temporary workers to assist with cleaning and disinfecting work.  

In May 2018, a group of staff were cleaning a farm in Invercargill, using a sodium hydroxide-based cleaner called X-Clean DOO AWAY.

The product had been approved by MPI as a cleaning product generally in April 2018. 

The workers were given personal protective equipment, including gloves. 

However, the chemicals seeped into the cuffs of the workers’ gloves and eight workers sustained burns to hands, wrists, and arms. 

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 A WorkSafe investigation into the incident found the ministry failed to adequately consult, co-operate and co-ordinate with the other parties to ensure work was being carried out safely.  

Additionally the ministry failed to ensure a safe system of work for the OneStaff workers.  

WorkSafe’s Investigation Manager for the South Island Steve Kelly said both MPI and AsureQuality were working together but it was unclear which organisation was ensuring various risks were being managed. 

“As the organisation tasked with managing the eradication of Mycoplasma bovis it is fair to have expected them to ensure cleaning and disinfecting work was carried out safely. 

“When multiple businesses and organisations are involved in carrying out work it is vital they communicate with one another to ensure risk has been identified and is being correctly managed.” 

Last November, in response to the 2018 incident, AsureQuality was fined $66,000. OneStaff was also fined $38,500.  

Reparation of $5000 was ordered to be split between five victims with all three parties including the Ministry of Primary Industries, paying one third each.