The worker was working in a two metre deep hole where temporary concrete blocks were being used as a retaining wall. Water was being pumped out of the hole following heavy rainfall. The worker was attaching plywood to the blocks to stop aggregate being washed under the temporary concrete block wall when the concrete blocks started to shift. He was unable to get far enough away before he was caught under the falling blocks and plywood.

The victim sustained multiple fractures to his right lower leg. The incident required him to take eight months off work as a result of his injuries.

Following our investigation into the incident we found that Fletcher Construction had failed under the Health and Safety at Work Act 2015 to ensure, so far as was reasonably practicable, the health and safety of a worker.

This is the tenth enforceable undertaking we have accepted under the Health and Safety at Work Act 2015; a tool that is increasingly being used, in appropriate cases, as a positive alternative to prosecution.

Our Deputy General Manager, Investigations and Specialist Services Simon Humphries said the decision to accept the enforceable undertaking was appropriate given the circumstances.

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