On 30 October 2019, while cycling to navigate a construction worksite, the victim collided with a truck. She fell to the ground and was subsequently run over. She suffered fatal injuries.
Health and Safety at Work Act 2015, S 36(2), 48(1) and 48(2)(c).
The alleged contravention does not amount to an offence against section 47 (reckless conduct) which would preclude it from being accepted.
Summary highlights of the enforceable undertaking
- Financial amends to the victim’s family.
- A fleet training program focusing on the potential impact of actions on vulnerable road users.
- Supporting a scoping study (and pilot) to mitigate risks to vulnerable road users (with McConnell Dowell and CHASNZ).
- Development of NZQA qualification.
- The facilitation of a cyclist awareness campaign.
This enforceable undertaking has a total expenditure of at least $1,000,000.
Reasons for accepting the undertaking
The enforceable undertaking meets the requirements of WorkSafe’s Enforceable Undertakings Operational Policy (June 2019), considering:
- The activities in the enforceable undertaking and the expected health and safety improvements in the workplace; industry; and community.
- The nature of the alleged contravention and how serious it was.
- Information received from any interested party in relation to the contravention.
- Mitigation and remedial action, already taken or planned, regarding both the contravention and any person affected by the contravention (including victims).
- The person’s past performance and history of compliance with health and safety legislation.
- Any likely outcome if the matter were dealt with by legal proceedings.
- Charges were filed in relation to this incident on the basis that there was both evidential sufficiency and a public interest in initiating prosecution.
- The undertaking accounts for the benefits that accrue to Downer by a prosecution not proceeding.
- Any other matter which WorkSafe thinks is relevant.
- The undertaking delivers benefits beyond compliance.
- The undertaking supports WorkSafe’s strategic objectives.
- The undertaking contains acceptable terms.
28 March 2022.
View the full Downer New Zealand Limited undertaking here: