SafeWork NSW Notice 7-394534

SafeWork NSW

IMPROVEMENT NOTICE

Notice No: 7-394534

This notice is issued under section 191 of the Work Health and Safety Act 2011. Section 210 requires that the person to whom an improvement notice is issued must, as soon as possible, display a copy of the notice in a prominent place at or near the workplace, or part of the workplace at which work is being carried out that is affected by the notice.

The person to whom an improvement notice is issued must comply with this notice within the period specified. Failure to comply with this notice may incur a maximum penalty of $58,650 for an individual and $294,270 for a body corporate.

Notice issued to:

Legal name of person/business or undertaking: DOORDASH TECHNOLOGIES AUSTRALIA PTY LTD

ABN: 96634446030

ACN: 634446030

Address: GPO Box 2650, SYDNEY NSW, 2001

Details of contravention:

Site location: VARIOUS LOCATIONS, SYDNEY, NSW, 2000

I, Steven Baranovsky reasonably believe on 13/03/2021 that you are contravening a provision of the Work Health and Safety Act 2011, section 19 and Work Health and Safety Regulation 2017, clause 39.

Brief description of how the provision is being or has been contravened:

Food Delivery Riders and other persons are exposed to a serious risk of injury when riding on a road or a road related area, due to the inadequate provision of instruction and information relating to the risks associated with riding generally, and riding in and around vehicle and pedestrian traffic. For example: Between 13 February and 13 March 2021, Inspectors observed a rider using the DoorDash platform to be engaging in the following behaviours: riding with inadequate high visibility clothing. Additionally, the following behaviours were observed of food delivery riders not necessarily associated with DoorDash: riding on footpaths, riding across pedestrian crossings, riding while holding mobile phones, riding e-bikes that were not fit for purpose, wearing hat/caps under their helmet, riding in sandal, sliders and thongs, riding bikes not fitted with the required lights/reflectors, riding on the left-hand side of buses and heavy vehicles and riding across light rail tracks.

Directions as to the measures to be taken to remedy or prevent the contravention or likely contravention: (it is mandatory to comply with these directions)

1. You must, so far as is reasonably practicable, distribute information and instruction to all riders, informing them of the abovementioned identified risks and the control measures used to minimise those risks.

2. The system to inform riders must include a rider acknowledgement indicating that the rider has received and understood the instructions.

3. You must, develop and maintain a system which ensures that such information and instruction about the above mentioned identified risks is regularly provided to riders.

4. You must ensure that the information and instruction is provided in a way that is readily understandable by each rider it is provided to.

Recommendations (if any): (It is not an offence not to comply with these recommendations)

In complying with this Notice, you may consider the following guidance material: SafeWork NSW’s code of practice for ‘How to Manage Work Health and Safety Risks’; SafeWork Australia’s General Guide for Workplace Traffic Management; Transport for NSW’s ‘A handbook for bicycle riders’; Transport for NSW’s ‘Motorcycle riders’ handbook’ published May 2019; Australian Standards AS/NZS 4602.1-2011 - High visibility safety garments - Part 1: Garments for high risk applications, Bicycle and motorcycle helmets - AS/NZS 2063 AS/NZS 1698:2006 or UNECE 22.05.

Issuing Inspector:

Signature: ELECTRONICALLY ISSUED

Date Issued: 23/03/2021

Inspector’s Work Address: Liverpool Office, LIVERPOOL

Inspector’s Contact Number: +61 (02) 9618 8568

This contravention must be remedied before: 14/04/2021

Service Method

Notice given to: Kate Fitzgerald

Relationship to person to whom notice is issued: Person with management or control of the workplace

Copy of Notice given to: Puji Fernando

Relationship to person to whom notice is issued: Logistics Strategy and Operations