How to notify us over the holiday period.
Notifications
If someone has been seriously injured, become seriously ill, or died as a result of work – phone us on 0800 030 040 straight away. We have staff available to respond to these 24/7.
If you’re not sure what a notifiable event is, including your obligation to hold a scene, visit What events need to be notified?
Notifications made through our online form won't be monitored between 12pm on Tuesday 24 December 2024 and 8.30am on Monday 6 January 2025.
If you’re not sure if you need to notify us, use our online notification system and we’ll respond to you after 6 January 2025.
Health and safety concerns
If you have a health and safety concern that isn’t urgent, use our online form and we’ll respond to you after 6 January 2025.
Raise a health or safety concern
General enquiries
General enquiries made by phone or email after 12pm on Tuesday 24 December will be responded to from Monday 6 January 2025. This does not apply to notifications made by phone on 0800 030 040.
We wish you a safe and relaxing holiday.
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.
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.
- 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.
Date accepted
28 March 2022.
Further information
View the full Downer New Zealand Limited undertaking here:
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