28 September 2021

We have accepted an enforceable undertaking from SICON Limited.

Incident

On 16 March 2020, while approaching an area of roadworks, the victim lost control of his motorcycle and collided with a caravan travelling in the opposite direction. As a result of the incident, he was placed in an induced coma and subsequently had his right arm amputated.

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 of Enforceable Undertaking

• Acceptable amends to the Victim
• A range of key activities to improve the health & safety of then SICON workforce
• A data collection initiative with Waka Kotahi
• A suite of initiatives for the benefit of the community

This enforceable undertaking has a total expenditure of at least $315,000

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 Unison 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.