Minister orders WorkSafe to seek prosecution advice in future death and injury cases

By RNZ’s Phil Pennington

The workplace safety regulator promises to get better legal advice on the possibility of prosecution in cases of death and serious injury.

WorkSafe did not act on a coroner’s recommendation to prosecute a trucking company for an accident that killed two children on Desert Road at Easter in 2018.

In that case, although the coroner said it appeared that health and safety laws had been violated, WorkSafe did not seek outside advice from Crown Law before removing it.

The children’s parents asked the Minister for Workplace Safety Andrew Little to intervene.

Time has run out in your case, but the Minister has directed WorkSafe to obtain outside legal advice in future such cases whenever possible.

“I hope that when a coroner recommends that WorkSafe consider prosecution or reconsiders its decision not to prosecute (even if alternative enforcement action is taken), WorkSafe will fully consider those recommendations, including seeking outside legal advice when possible,” Little wrote. . to WorkSafe President Ross Wilson last month.

“This is consistent with the expectation … that WorkSafe builds confidence among the public and stakeholders in the effectiveness of the health and safety regulatory system.”

Wilson responded that WorkSafe would consider outside legal advice or, when it could not, alert the Minister to it.

– RNZ