Whānau call for WorkSafe investigation into fatal crash

Whānau of two men who died in a crash while driving to work have urged a coroner to request WorkSafe reopen an investigation into the incident.

The coronial inquest into the death of Floyd Richard Harris, 21, and Jake Henry Ginders, 23, ended in Palmerston North on Thursday. They were employees of recruitment agency AWF and died in a crash in January 16, 2019.

Both men had a learner driver’s licence and Harris was driving them 50km from Palmerston North to work at the Oringi business park, south of Dannevirke. The carpooling had been organised by AWF.

In her closing statement Harris’ mother Sharon said the four years since the crash had been incredibly difficult.

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“We have had so many unanswered questions about why this was never classified as a workplace accident causing death.”

She said Harris was being paid for travel time while going to work and questioned why AWF, as well as workplace health and safety regulator WorkSafe, had not thoroughly investigated the incident.

Sharon asked coroner Janet Anderson to request WorkSafe reopen a case on the crash because the investigation in 2019 was closed after 27 days. She also wanted to see AWF undertake an investigation.

Sharon didn’t blame anyone personally, but the process had been taxing on the family, stirring up emotions.

“No mother should have to bury their child. It’s unnatural and unfortunate.”

Ginders’ aunt Diane Chandler said the four-year journey had a detrimental effect on the family, but now they had been heard they could move to something positive.

“We’ve always been focused on the core issue: the unsafe travel arrangements made by AWF that led to the death of two young men that was entirely preventable.

“Because it happened while on the clock I believe WorkSafe should have investigated properly. I feel let down by WorkSafe and the police.”

Anderson will release her findings at a later date, but said she would consider referring the matter back to WorkSafe.

Lawyer for AWF, Matthew Ferrier, said the company had engaged openly and honestly with the families since the day of the crash, and accepted the part it played in organising the travel arrangements and the tragic oversight of not checking the licence.

Fleur Board was the joint general manager for AWF but is now the national general manager. She said there had been a culture change in the company since 2019 and staff were able to voice concerns.

One of the company’s “golden rules”, which are part of employee induction, is driver safety. This includes having the appropriate licence. Staff are supplied with safety information and licences checked.

The families of Ginders and Harris believed the men were fearful of turning down work due to the licence situation because they would be blacklisted.

But Board said if she had been aware of people punishing staff for this, she would investigate and discipline them.

If a consultant put someone in a role to operate machinery or vehicles if they did not have the right licence the consultant would be terminated, she said.

Harris’ aunt Melissa asked Board what policies were in place to make sure the right person was assigned to the right job, including what skills the person had and their ability to get there safely.

“Only as far as skills are concerned,” Board said. “The rest is judgement.”