WorkSafe is urging businesses to prioritise safety near overhead electric lines, after three companies were sentenced within the last week for incidents that killed or injured workers.
In the most severe case a labourer, Sean Clear, was electrocuted while working on a farm near Whakapapa Village in February 2023. His mower had become bogged down, and a digger brought in to extract it contacted an overhead line carrying electricity at 33,000 volts. As Mr Clear was steadying the mower for extraction, the electricity passed through the digger's arm and into the 25-year-old Irish national, causing his death.
WorkSafe's investigation found the employer, Coogan Contracting, failed to carry out a risk assessment to identify the overhead power lines as a hazard and have a spotter in place to ensure the lines were not contacted.
Just three months later in May 2023 on Waiheke Island, Emmett Holmes-O'Connor was working on scaffolding that had been installed too close to power lines. Aluminium cladding he was carrying touched the high voltage 11kV line, inflicting an electric shock that caused him to fall backwards nearly four metres off the scaffold. The 31-year-old received major burns to his hand and foot, along with fractures to his spine and ribs.
There was no close approach consent for the work, which is required when work is being done near overhead powerlines, nor a proper risk assessment of the dangers. After an investigation, WorkSafe charged both the employer Joan Carpenters Limited, and the scaffolding company Church Bay Services Limited, for their health and safety failures.
"Both cases are an horrific reminder of just how dangerous it can be when businesses do not take enough care with working around power lines. Businesses must manage their risks and where they don't, we will take action," says WorkSafe's area investigation manager, Danielle Henry.
"Anyone working in or around electricity, especially high voltage lines, needs to be aware of the specific mandated requirements for working near powerlines. The local lines company may require a close approach consent application, to ensure the work is conducted safely. Do not start work before you check for consent."
Construction and agriculture are two of New Zealand's most dangerous sectors, which is why they are a focus of WorkSafe's new strategy. WorkSafe's targeted frontline activities will be increasing in both sectors as there are opportunities to significantly improve health and safety performance, reduce acute and chronic harm, and address inequities.
Read WorkSafe's guidance on working near overhead electric lines
Read about another recent case of a worker suffering an electric shock
Background:
- Coogan Contracting was sentenced at Taumarunui District Court on 18 December 2024
- Reparations of $100,000 were ordered. The fine was reduced to $25,000 due to financial capacity.
- Coogan Contracting was charged under sections 36(1)(a), 48(1) and 2(c) of the Health and Safety at Work Act 2015
- Being a person conducting a business or undertaking (PCBU), having a duty to ensure, so far as is reasonably practicable, the health and safety of workers who work for the PCBU, including Sean Clear, while the workers were at work in the business or undertaking, namely assisting with the recovery of a tractor and mower, did fail to comply with that duty, and that failure exposed the workers to a risk of death or serious injury
- The maximum penalty is a fine not exceeding $1.5 million.
- Church Bay Services Limited (CBSL) and Joan Carpenters Limited (JCL) were sentenced at Auckland District Court on 12 December 2024.
- JCL was fined $16,500 and CBSL was fined $13,500.
- Reparations of $42,818 were split between both JCL and CBSL.
- JCL was charged under sections 36(1)(a) and 48(1) and (2)(c) of the Health and Safety at Work Act 2015
- Being a PCBU, having a duty to ensure, so far as is reasonably practicable, the health and safety of workers who work for the PCBU, including Emmett Holmes- O'Connor, while the workers are at work in the business or undertaking, namely carrying out construction work (including cladding installation), did fail to comply with that duty, and that failure exposed the workers, including Emmett Holmes-O'Connor, to a risk of death or serious injury from electrocution or electric shock from the high voltage overhead power lines at 17 Coromandel Road.
- CBSL was charged under sections 43(2)(b) and 48(1) and (2)(c) of the Health and Safety at Work Act 2015
- Being a PCBU, having a duty to ensure, so far as is reasonably practicable, that the way in which plant or a structure, namely a scaffold, is installed, constructed or commissioned ensures that the plant or structure is without risks to the health and safety of persons who use the plant or structure for a purpose for which it is installed, constructed or commissioned, did fail to comply with that duty, and that failure exposed persons, including Emmett Holmes-O'Connor, to a risk of death or serious injury from electrocution or electric shock from the high voltage overhead power lines at 17 Coromandel Road.
- The maximum penalty is a fine not exceeding $1.5 million.
