WorkSafe found Yanfei Bao’s employer failed to provide adequate safety training

A WorkSafe assessment has found that Yanfei Bao's employer, Harcourts Grenadier, has been ineffectively training real estate agents who may be at risk of aggressive behaviour when approaching members of the public.

The 44-year-old went missing in suspicious circumstances in July last year, with a 53-year-old Chinese man facing trial in October on charges of the Christchurch agent's kidnapping and murder.

A spokesperson for the workplace health and safety regulator said the assessment examined Harcourts Grenadier's overall health and safety systems without looking into the specific details of Bao's disappearance.

The spokesperson said WorkSafe initially approached Harcourts Grenadier in November after receiving a concern raised confidentially in late August about the company's health and safety protocols in relation to Bao's disappearance, returning in May on a follow-up visit.

"The assessment found Grenadier had an ineffective system in place to ensure its real estate agents are adequately trained in how to respond to potentially aggressive members of the public," the spokesperson said.

"WorkSafe has since issued an improvement notice, requiring changes to be made by 24 July. The business will be required to provide evidence of the improvements to our inspector."

WorkSafe advised the company to use a trainer to upskill its workers in identifying aggressive behaviour and preparing strategies to de-escalate and disengage from a confrontational situation.

The regulator was not prescriptive about how specific improvements could be made.

"This is because, under the Health and Safety at Work Act 2015, the primary duty of care lies with the business or organisation to manage its own health and safety risks," the spokesperson said.

The regulator said the company had complied with the improvement notice by its Wednesday deadline.

Harcourts managing director Bryan Thomson did not reply to questions RNZ that asked about the assessment, saying it would be "inappropriate at any level" to comment as "this deeply distressing case remains the subject of a live police investigation".

"You can be assured that at Harcourts, we take our responsibility to our team members extremely seriously," Thomson said. "It is at the heart of our values.

"So, you can be assured that any advice as to improvements or enhancement in this area that we receive or identify will be assessed and applied as appropriate, any statutory requirements in this area, or any other will be met."

Safety a top priority

Belinda Moffat, chief executive at the Real Estate Authority (REA), said safety was a top priority for real estate agencies, with sector-wide precautions and protocols available to support workers.

"All agencies and licensees are required to operate in accordance with health and safety legislation, which includes having health and safety policies and risk assessments related to the activities involved in real estate agency work, including risks to personal safety," Moffat said.

"Training and awareness-raising within agencies has an important role to play."

After Bao's disappearance, REA had advised agencies to review and discuss their health and safety policies, risk assessments and in-house training to ensure they met the needs of their teams as well as the requirements of the Health and Safety at Work Act, she said.

At the same time, the real estate regulator encouraged individual licensees to review their personal situation and raise any questions or concerns with their agency and supervisor, Moffat said.

"Through our engagement with agencies at the time of Ms Bao's disappearance, we know that agencies take the safety of their people very seriously," she said. "A number of agencies ran additional training and reviewed policies."

The authority also encouraged agencies and licensees to use tools and practices that were best suited to their work environment.

A guidance from the authority to the real estate sector in September advised agencies to utilise technology and communication systems such as buddy arrangements, report to supervisors and managers, share calendars and location apps as well as undertake situational awareness training and other safety measures.

Agents in the field

Oliva Xu from Harcourts Whangaparāoa started to work as a real estate agent late last year.

She said Bao's case made her feel anxious about her own safety, as she often had to go door-knocking as a new agent.

Xu and her colleagues typically operated in pairs when they went door-knocking, making sure there was a man and a woman in the team, which also made residents more comfortable.

"If I had to act alone, I would tell my family or my colleagues where I am going to be," Xu said. "My manager has emphasised that we should always let others know if we're acting alone."

Xu carried a small keyring safety alarm as a precaution.

She said the agents at her branch had yet to receive any detailed training on how to handle confrontational situations, but hoped the police could do more to improve public safety.

Lilian Chen, an agent from Harcourts Mt Albert, said she had not encountered any aggressive behaviour in the 10 years she had been working as an agent.

Chen hadn't received any de-escalation training but said she would probably go to her car or a neighbour's place if she felt something wasn't right.

"I think most of it is common sense," Chen said. "I think most people operate on common sense rather than putting too many restrictions and concerns around health and safety.

"Sometimes you will tell your manager or your colleagues where you are, what you are going to be doing, but that's not out of health and safety concern. I don't go to a place thinking that I'm going to be unsafe."