The report also confirms that no one was prosecuted over her death, which investigators deemed a tragic accident.
Reschke, a 26-year-old painter, was employed by The Painting Co, a division of The Building Co (TBC) – a high-end residential construction company.
The report says TBC was contracted by West End Developments to work on two new houses being built on the site, named the Ellingham project.
Once the contract was completed, four TBC workers had to return to the site to install the metal gates, which was scheduled to take place over two days beginning on May 10 and ending on the day Reschke died.
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On May 10, the installation was halted with work partially completed, and the gates strapped to the fence with 2000kg webbing straps. The contractors planned to return the next day to install brackets on the gates before they could be fully functional.
The accident happened at a West End Rd property in Westmere on May 11, 2023. Photo / Google
Reschke had been scheduled to paint the gates on site on May 12, after the installation was complete, and no one expected her to visit the site on May 11.
On the day of her death, Reschke was scheduled for a full-day painting job at a Mt Eden house.
However, she sent a text message at 9.02 that morning indicating she was at the Westmere site and querying what primer was best suited for the gates.
Two incoming calls were recorded at 9.10am and 9.20am.
A TBC colleague arrived at the site about 11am and discovered Reschke unconscious with the gate on top of her.
“The unstrapped 2000kg webbing was found lying on the ground next to the fence,” the report says.
The colleague tried to lift the gate off Reschke’s body but realised it was too heavy. He sought help from nearby builders, and together they pulled the gate off Reschke.
They used a defibrillator in a bid to resuscitate her, but she was declared dead by paramedics.
The report says no one saw the accident happen.
An artist’s impression of a home that’s planned on a neighbouring waterfront West End Rd site in Westmere, recently purchased by media boss Timothy Phin.
The property is owned by Auckland developer Jason Ellingham, who recently sold the neighbouring vacant site for $11.2 million to media boss Timothy Phin, with plans for a luxury five-bedroom home.
WorkSafe opened an investigation, conducted interviews and met with Reschke’s bereaved family.
WorkSafe inspectors learned there had been a workplace group chat on Reschke’s locked mobile phone.
Inspectors handed the phone to the Serious Fraud Office, which gained access to the device.
“Though fraud was not the focus of the investigation, WorkSafe sought the skills of an electronic forensic investigator to access and extract Facebook group chats from [Reschke’s] password-protected mobile phone.”
The information obtained showed Reschke “clocked in” at the West End Rd site at 8.30am on the day she died.
During an interview in March last year, a TBC director told inspectors Reschke was supposed to be working at the Mt Eden house that day and wasn’t expected to paint the gates until the next day.
The company produced a health and safety handbook. It featured a “lone worker” policy, which included avoiding working alone to minimise risks, “especially for high-risk jobs”.
The WorkSafe report said both gates had been double strapped to the fence to ensure they remained secure.
The remedial measures were judged a “reasonable practicable measure” to minimise risk to anyone accessing the site.
While a TBC staff member had communicated by phone with Reschke about paint products and knew she was at the site, there was no indication she intended to unstrap the gate or begin painting.
The report found there was no “plausible cause or reason to consider cautioning the victim about the risk of unstrapping the gate”.
And while the report noted two previous compliance issues involving TBC, WorkSafe ruled the company had not contravened the Health and Safety at Work Act in relation to Reschke’s death and no charges were laid.
In a statement, the agency extended its condolences to Reschke’s friends and whānau.
TBC director Kendal Read told the Herald Reschke was a much-loved colleague and friend.
“Her passing has been a profound loss for our team.”
The company worked closely with WorkSafe throughout the year-long investigation, which concluded that no one was at fault.
“Out of respect for Jennifer’s family and her loved ones, we will not be making any further comment about the accident. Jennifer’s contribution and the positive impact she had on those around her will always be remembered.”
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