Alleged breach

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.
• Investment in a virtual reality temporary traffic management simulator.
• Supporting a scoping study to mitigate risks to vulnerable road users (with Downer New Zealand and CHASNZ).
• Support to BikeReady (www.bikeready.govt.nz(external link)).

This enforceable undertaking has a total expenditure of at least $600,000.

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 McConnell Dowell 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

28 March 2022.

Further information

View the full McConnell Dowell Constructors Limited undertaking here: