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We have accepted an enforceable undertaking from Ryman after an incident on 09 January 2018.
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.
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.
11 February 2021