(1) No.

(a) The determination was based on information gathered during the SafeWork investigation and was consistent with the view of the NSW Police Force (NSWPF). Factors which informed this determination included the following:

• Mr Burak Dogan was killed after his bicycle was struck from behind by a truck on 2 April 2020. The incident occurred at 12:54pm. At the time, Mr Dogan was logged in to the Uber Eats App and was available for work, but he had not been assigned a delivery task. The Uber Eats trip log showed that Mr Dogan’s previous trip with Uber Eats was between 12:17pm and 12:25pm.
• Although a SafeWork NSW Notice was issued for the NSWPF report, the report did not reveal any work-related factors that contributed to the collision.
• Witness statements taken by NSWPF at the scene of the incident confirm that Mr Dogan was struck from behind by the truck.
• NSWPF provided dashcam footage from the truck involved in the incident, and this did not indicate that Mr Dogan was doing anything other than peddling his bicycle when he was struck from behind.

(b)

(i) See 1a.

(ii) See 1a.

(2) Yes.

(i) The notified incident was a double fatality involving a motorcycle carrying a driver and a pillion passenger. The motorcycle was stationery, waiting to turn right, when it was struck from behind by a bus. The driver of the motorcycle was an Uber Eats food delivery rider who was "on trip" at the time of the incident. However, the pillion passenger was not on the App at the time of the incident. As such the driver was a worker, but the pillion passenger was not considered a worker. NSWPF laid charges against the bus driver which resulted in a criminal conviction. SafeWork NSW issued Notices against the bus company to review and revise systems of work.

(ii) See 2i.

(3) Nil.

(4) Matters relating to Uber Eats remain under investigation by SafeWork NSW. SafeWork NSW reviewed the incident involving Hungry Panda and determined that there was insufficient evidence to lay charges under Work Health and Safety (WHS) legislation. This matter is currently under investigation by NSWPF.

(5)

(a-f) WHS legislation does not provide for warnings to be issued. However, during SafeWork NSW’s field compliance activity conducted in February and March 2021, a warning document was used by Inspectors when they observed food delivery riders operating unsafely or breaking a road rule.

The warning document allowed Inspectors to identify which platform the rider was delivering for at the time, and the deidentified data was presented to the platforms. Twenty-eight (28) warning letters were issued to Food Delivery Riders, mainly for failing to use or wear adequate personal protective equipment (PPE). These were not recorded against the individual platform.

(6)

(a) Uber Eats = 5

(b) Menulog = 1

(c) Deliveroo = 3

(d) Easi = 4

(e) Hungry Panda = 4

(f) other delivery platforms = 2

(7)

(a-f) Nil.

(8) 

(a) 2019 = nil

(b) 2020 = 4 visits undertaken by SafeWork Inspectors to various part of Sydney with a focus on delivery riders.

(c) 2021 to 30 August 2021 = 327 visits undertaken by SafeWork Inspectors with a focus on delivery riders to the following locations in Sydney:

• Newtown
• Enmore
• Kings Cross
• Potts Point
• Parramatta
• Haymarket
• Bondi
• Bondi Junction
• Surry Hills
• Bankstown