Mount Maunganui, New Zealand — An investigation into the death of a worker at Ballance Agri-Nutrients has unveiled a multitude of safety failures within the company’s operations. Wesley Tomich, 37, met a tragic end while cleaning up fertilizer residue near a conveyor belt, an incident that has spurred scrutiny over compliance with safety regulations. The investigation revealed alarming shortcomings, indicating that multiple warnings regarding necessary safety upgrades had been largely ignored.
In March, the courts imposed a $420,000 fine on Ballance for breaching health and safety obligations, following an incident wherein Tomich slipped while attempting to step over a moving conveyor belt and became trapped. This report also documented that independent experts had warned the company as far back as 2015 about the critical need for guarding around its extensive conveyor systems. Highlighting the seriousness of the situation, the term “non-compliant guarding” appeared repeatedly throughout the investigation document, emphasizing the urgent need for corrective measures.
Eyewitness accounts suggest that Tomich was aware of the risks involved. One co-worker recalled how Tomich labeled the conveyor belt area as “crash number 4,” a term used to indicate an imperative to stop operations. Unfortunately, this alarm came too late, as he had already moved too close to the active machinery, with no time to react to his misstep. Investigators noted that while safety standards explicitly require guards on conveyor belts, the ones at Ballance were found to be intermittent and inadequately secured.
In interviews conducted by WorkSafe in December, company management stated they were aware of the hazards and had been making improvements at various facilities. However, they also acknowledged that the dispatch area, where the tragic incident occurred, was the last location slated for safety upgrades. This acknowledgment raises questions about the company’s priorities and its commitment to ensuring worker safety.
Despite previous warnings, Ballance argued in court that the expert reports from 2015 and 2022 did not highlight specific high-risk activities, framing the incident as a systemic failure rather than a direct breach of safety regulations. The investigation found that the firm had been the subject of prior inquiries over similarly unsafe practices but failed to demonstrate any effective follow-up on those issues, raising concerns about the company’s operational compliance.
Furthermore, records indicate that the company’s procedures allowed for workers to operate in what was deemed the “danger zone” of the conveyor systems during cleaning tasks, often leading to unsafe practices. Employees admitted to crossing the belts for convenience, despite the explicit guidelines against such actions.
Ballance has pledged significant investments in safety enhancements following Tomich’s death. The company has expressed remorse and has reportedly reached out to Tomich’s family, although they have declined to comment publicly on the situation.
Calls for more significant accountability have emerged, particularly from the victim’s family, who have urged the coroner’s office to investigate further into Ballance’s management practices. However, the coroner decided that the existing investigation by WorkSafe was sufficient and would not compel additional inquiries of the company’s executives.
WorkSafe’s report concluded that Ballance failed to implement a reasonable safety system to protect employees from foreseeable hazards. The agency noted that persistent lapses in guarding and operational practices have contributed to a troubling safety record at the facility. As the investigation unfolds, New Zealand’s Workplace Safety Minister has indicated plans to revise legislation to ensure greater accountability among company executives regarding workplace safety risks.
As new reforms come into play, the focus remains on whether meaningful changes will occur within Ballance and the industry as a whole to prevent further tragedies such as Wesley Tomich’s. The painful incident has already prompted discussions about long-overdue legislative changes, putting pressure on businesses to prioritize worker safety in their operational structures.