Safety Culture Shift Following Mincing Machine Incident

A small Chinese-owned and operated company, RCF Trading, has launched a significant safety initiative – which will also benefit other Chinese businesses – following a serious incident at one of its Auckland butcheries in January 2024.

A casual worker in the business, run by Rufu “Jacky” Liao, suffered amputations to four fingers after her hand was pulled into an unguarded meat mincing machine during a busy work period. The guard had broken off about two months earlier and the incident occurred when the worker reached inside the machine when attempting to clear a blockage.

WorkSafe New Zealand subsequently charged the business with one offence under the Health and Safety at Work Act 2015 (HSWA). RCF was found to have failed to have taken reasonably practicable steps to ensure the machine was adequately guarded to the AS/NZS 4024 standard or better and ensure the machine was made inoperable as soon as the guard became detached.

Although having reminded staff to take care when operating the machine, including to use a plastic pusher and appropriate gloves, RCF subsequently acknowledged that “more could have been done to manage the risk once the guard became detached” and “sincerely regrets the circumstances that led to the worker’s injury”.

“RCF sincerely regrets the harm that was suffered by the worker involved in this incident,” it states.

“We acknowledge the seriousness of the injury and the significant distress and life-altering changes it has caused. The business remains committed to supporting the injured worker’s ongoing recovery and wellbeing.”

Assisted by consulting specialists, First Step Solutions, RCF entered an enforceable undertaking with WorkSafe in December last year which was supported by the victim, the Employers and Manufacturers Association (EMA) and a number of other small Chinese-owned businesses.

As acknowledged in the agreement, RCF had previously operated with an informal and not-well-documented healthy and safety system, “firmly embedded in daily practices and influenced by long-standing cultural norms within the business”.

“Many small Chinese-owned businesses face similar issues, often due to language, cultural and literacy barriers contributing to their lack of understanding of their responsibilities,” it states.

“Since the incident, the components of a good health and safety system are being implemented across the business, including identification of risks and risk management strategies, regular training and instruction provided to all workers, incident reporting and review systems, and a chance for workers to raise ideas for improvement or concerns at weekly meetings.”

The enforceable undertaking specifies that RCF will develop a culturally-appropriate “Good Work” toolkit, supported by Knowby learning modules, to communicate health and safety information in Simplified Chinese, incorporating Chinese values.

The toolkit is expected to provide workers with a clearer understanding of their roles and responsibilities “supported by practical, culturally-appropriate training tools that build confidence, encourage participation and reduce the risk of harm, particularly in high-risk areas such as machinery use through good work design principles”.

“The introduction of visual microlearning modules, tailored to RCF’s food and butchery operations, will enhance the elements outlined in the toolkit while allowing workers to create their own learning modules ongoing.

“Through this process, RCF will strengthen its systems, clarify procedures and foster a culture of trust and shared responsibility. Business owners and staff alike will have access to materials that make good work and health and safety feel more relevant, achievable and aligned with their values.

“The final output – a fully-tested, practical toolkit – will be suitable for adaptation and rollout to other small Chinese-owned businesses, supporting broader improvements in health and safety capability across the sector.”

RCF is also making financial amends to the injured person as well as providing a donation to the New Zealand Qionghai Association to support community engagement and wellbeing initiatives, among other requirements of the enforceable undertaking.

The business considers the enforceable undertaking to be the “most appropriate response” to the HSWA contravention “because it allows the business to take responsibility for the incident in a constructive, forward-focused way”.

An enforceable undertaking is an agreement between WorkSafe and a duty holder made under the HSWA. It is entered into voluntarily by the duty holder following a breach (including an alleged breach) of the HSWA and, once in place, is legally binding. It is generally used as an alternative to prosecution.

States WorkSafe: “An enforceable undertaking should not be viewed as an easy option. The agreement details actions the duty holder will undertake to respond to the breach.”