Incident

On 12 February 2023, an ITCL worker operating as a Traffic Controller was struck by a truck while operating a temporary roadblock. The worker died as a result of his injuries.

Alleged contravention

Being a PCBU, having a duty to ensure, so far as is reasonably practicable, the health and safety of workers who work for the PCBU while the workers were at work in the business or undertaking, namely controlling and managing traffic movement, did fail to comply with that duty, and that failure exposed workers to a risk of death or serious injury from exposure to moving vehicles.

Summary highlights of the enforceable undertaking

• Financial amends to the victim’s family.
• Development and delivery of a national frontline leadership, kaiārahi (site mentor) and critical risk training programme to strengthen capability and risk-based decision-making in temporary traffic management.
• Investment in the further development of a virtual reality (VR) temporary traffic management simulator, including an industry training package, competency framework, and case study to support improved planning and hazard identification across the sector.
• Design and delivery of a community engagement programme with Ngāti Whātua Ōrākei and local stakeholders to improve public awareness of risks associated with temporary traffic management.

Reasons for accepting the undertaking

This enforceable undertaking was assessed under WorkSafe’s Enforceable Undertakings Operational Policy (September 2019) and meets all its requirements, considering:

• The activities in the enforceable undertaking and how they promote progressively higher standards of work health and safety.
• 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 business's past performance and compliance history with health and safety legislation.
• Any likely outcome if the matter were dealt with by legal proceedings.
  • A charge was 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 Independent Traffic Control Limited 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.

Date accepted

8 June 2026

Further information

View the enforceable undertaking: