Worksafe initially charged EnviroWaste, which has an 1100-strong workforce across the country, but has instead accepted an enforceable undertaking [EU] - meaning the company will avoid a criminal prosecution.
However, that EU comes at a cost of nearly $1 million, including $160,000 in reparations to Layne’s family. The company is also putting $250,000 towards artificial intelligence technology for health and safety and $300,000 towards developing and implementing ways to better understand risks, worker engagement and worker critical thinking.
As an illicit substance was found to be a contributing factor in the fatal accident, and at the wish of Layne’s widow, $200,000 will be funded for a youth alcohol and drug programme in the Waikato.
Worksafe’s head of specialist interventions, Dr Catherine Gardner, said the $961,973 investment would exceed any penalties handed down by a criminal court.
“This demonstrates a substantial commitment to health and safety and will see benefits being directed back to workers, the industry, and the community,” she said.
Worksafe would regularly monitor the progress of the conditions in the EU, which is a legally binding document.
Layne’s widow, who didn’t want to be named, said his death had left a hole in the lives of their family.
“He was our rock. Gratten loved being in the water, swimming, fishing, kayaking, and our long walks on the beach.
“Now I walk alone.”
She said that her husband’s death “shouldn’t have happened”.
“Things went terribly wrong and the right things weren’t put in place.
“I’m pleased WorkSafe ensures workplaces like EnviroWaste are held to account.”
EnviroWaste chief executive Chris Aughton said Layne’s loss had been “deeply felt” by all at the company.
The enforceable undertaking represented a “major investment and commitment from EnviroWaste to improve worker safety and prevent incidents like this happening again”.
“We believe the application of AI technology holds real potential for organisations to respond to risks and hazards in real time, and to improve the safety of workers through deeper engagement.
“It is important to us and the family that the benefits of the EU are shared across all industries operating in dynamic risk settings, so everyone can go home to their loved ones when they finish their working day.
“Boosting worker safety is a meaningful way we can honour Gratten’s life and legacy.”
Layne is the second EnviroWaste employee to die while at work.
Twenty-year-old Junior Hunt died in 2015 after being crushed by semi-automatic machinery on a recycling truck.
The company was ordered to pay $85,000 in reparations to Hunt’s family and was fined $66,000.
EnviroWaste also been subject to five other enforcement actions between 2007 and 2020.
