Case Highlight

Worksafe v NEMA – National Emergency Management Agency

White Island Disaster – Most of us can remember this event. Horrible for most of those involved including  some rescuers who were blocked and prevented from helping in the rescue…reminiscent of HB flooding….but thats another story….

This case stemmed from the White Island disaster. Worksafe was attempting to prosecute NEMA (National Emergency Management Agency) for what Worksafe believed was a breach of Health and Safety at Work Act 2015. It was proven by the judge not to be – a volcanic eruption is a random “act of god” that NEMA had no hand in creating. NEMA are not in the business of creating volcanic eruptions therefore they could not be held responsible for not predicting it.

We can use this case to demonstrate the C19 is not a workplace hazard in the same way. If businesses or employers are a laboratory making viruses such as c19 and a worker was to catch it while at work, that then makes it a workplace hazard. If businesses such as supermarkets or steel mills, who are in the business manufacturing or selling goods not including C19 virus products for sale, they are not creating a possibly dangerous C19-related workplace hazard.

It is a public health issue not a workplace one. C19 is not created in workplaces other than a lab carrying out that business activity.

Other examples of workplace hazards a forklifts, dangerous machinery, toxic chemicals, bullying and coercion exerted on the employee or causing injury to the worker