Incident

While attempting to free a stuck concrete truck, a JCB Telehandler (being used for towing) rolled backwards down a ramp pinning the victim between the telehandler and the truck. He died as a result of his injuries.

Alleged Breach

Health and Safety at Work Act 2015, S 36(1), 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 of Enforceable Undertaking

• Extensive health & safety initiatives for staff.
• Industry guidance for telehandlers.
• A nationwide awareness campaign on cardan brake shafts.
• Support to the HASANZ scholarship fund.

This enforceable undertaking has a total expenditure of at least $1.1m.

Reasons for Accepting the Undertaking

The enforceable undertaking meets the requirements of WorkSafe’s Enforceable Undertakings Operational Policy (June 2019):

• The nature of the proposals in the application and the benefits that would be realised to the health and safety system from them: The activities in the enforceable undertaking will provide long-term sustainable 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.
  • 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. A successful prosecution outcome may have resulted.
  • The undertaking accounts for the benefits that accrue to the duty holder 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

11 February 2021

Further information