The coroner found that alcohol likely contributed to the crash, because Daniel Oyaga was well over the limit.
Photo: Unsplash / Kym Ellis
A Tasman winery worker, who was killed in a car crash on his way home after a wine tasting, was speeding and more than twice the legal blood-alcohol limit, a coroner has found.
Daniel Evan Oyaga, 30, died in the crash on Dominion Road in Māpua in March 2022, after leaving work at Gravity Cellars winery.
In findings released on Thursday, associate coroner Daniel Moore recommended workplaces such as wineries that allowed drinking on site implement robust safety policies, because of the increased risk staff might drive, after having too much.
“Where there is such a heightened risk, businesses should consider limiting alcohol use to specific days or events, where transport for staff can be arranged,” he said.
Oyaga’s death led his former workplace, which is owned by the Booster Wine Group, to review its staff drug and alcohol policy – with changes since made to restrict which staff could take part in wine tastings and making them sensory assessment only (not consumption).
Wine tasting after work
The coroner said Oyaga was originally hired as a cellardoor host at Gravity Cellars in December 2021, before he became a cellarhand in March 2022.
After finishing his second shift in his new role, Oyaga and several colleagues stayed on to socialise, and two bottles of wine were opened.
This was a regular occurrence at the winery, allowing staff to sample different wines and compare flavours, usually only in small amounts.
The winery had provided lunch for staff, but it was later discovered that Oyaga had not eaten his meal that day.
His colleagues reported that he seemed excited about work and were not concerned about how much he had to drink.
Oyaga left work shortly after 7pm and was about a kilometre from the winery, when he lost control of his car, which crossed the centre-line, crashed into a ditch and rolled.
He wore a seatbelt, but was thrown from the car, because his seat broke and fully reclined in the crash. He was found by an off-duty police officer, but could not be saved.
Data indicated Oyaga was driving at about 122 km/h immediately before the crash, while his blood-alcohol concentration was 126 milligrams per 100 millilitres of blood, which was more than double the legal limit of 50mg/100ml for drivers aged 20 and older.
Moore found that alcohol likely contributed to the crash, because Oyaga was well over the limit.
“The circumstances of the case suggest that Mr Oyaga’s intoxication was due to alcohol that he consumed at the winery at the conclusion of his shift, given the crash occurred shortly after he left work,” he said.
“Alcohol has well known effects on people’s judgement, vision, co-ordination and reaction times, which can pose obvious risks while driving.”
Safe alcohol consumption in the workplace
Booster Wine Group had a drug and alcohol policy in place at the time of Oyaga’s death that reflected the advice provided by Health New Zealand about safely serving alcohol at workplace events.
Moore said the policy specified that transport would be provided for larger events, which did not include after-work drinks.
“It is understandable that a workplace such as a winery would have some opportunity for staff to taste and learn about their products,” he said. “People who work in such places are likely to be interested and passionate about wine.
“I would also expect sampling wine is beneficial for developing skills as a winemaker or host at a cellardoor, as it would give staff greater familiarity with the products they are working with.
“However, such businesses are also commonly located in rural areas, where there are fewer alternative transport options, other than employees using their own vehicles. This likely increases the risk that employees may choose to drive, even if they have had too much to drink.”
Moore said the policy put the onus on employees to ensure they did not drink too much and, while there was “a significant element of personal responsibility in these situations”, he considered the employer also had responsibilities.
“In my view, it is possible to balance the benefits of employees at wineries being able to sample and learn about their products, while also mitigating the risks associated with drinking onsite. One obvious option would be limiting onsite drinking to specific events for staff, where transport can be organised, rather than having regular, informal after-work drinks,” he said.
Death leads to review of workplace obligations
Booster Wine Group chief executive Craig Langley said Oyaga was a valued and wonderful member of the BWG team, and the company was extremely shocked by his death, and extended condolences to his wife and family.
“Those present at the wine-tasting did not see Danny drinking more than a small amount of alcohol and he was not seen as being visibly intoxicated,” Langley said. “This tragedy has highlighted that it’s not always obvious if people have had too much to drink before driving home, which we and other wineries must bear in mind.”
The company had since reviewed its staff drug and alcohol policy, and supported the coroner’s direction that the findings be provided to New Zealand Winegrowers, so further advice and education could be shared with the industry.
“We have recently implemented changes that include new procedures regarding wine-tasting, including restrictions on which staff can take part, making them sensory assessment only, not consumption, as well as other safety procedures.”
New Zealand Winegrowers chief executive Philip Gregan said the organisation was saddened by the accident and had taken the coroner’s findings seriously.
“As the coroner noted, sampling wine is beneficial for developing skills as a winemaker or host at a cellardoor, as it gives staff greater familiarity with the products they are working with,” he said.
“With the recent release of the findings, we will review the current guidance to our members on their workplace health and safety obligations. We will be encouraging our members to review their own workplace policies in relation to staff interacting with alcohol in the workplace.”
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