Latest news with #WorkSafe
Sunday World
a day ago
- Sunday World
Coroner rules Irishman who died on New Zealand farm should have been saved
Sean Clear, who was originally from Ballacolla, Co Laois, was a mechanic by trade and had been working on machinery when he died just days away from his 25th birthday An Irish farm worker who died after he was electrocuted while working on a farm in New Zealand could have been saved by 'simple, no-cost steps,' it has been revealed. A coroner has issued urgent safety recommendations after 24-year-old Sean Clear died while working on a the North Island farm in 2023. Clear, who was originally from Ballacolla, Co Laois, was a mechanic by trade and had been working on machinery when he died just days away from his 25th birthday on February 17. The coroner ruled that the a death of the Irish seasonal worker could have been prevented 'if simple steps had been taken'. Sean Clear News in 90 Seconds - Aug 8th Coroner Mark Wilton said Sean's death had left his family in 'disbelief' as they were 'particularly pained that if simple steps had been taken the tragedy could have been averted'. According to the coroner's report, Clear, who arrived in New Zealand in October 2022 for harvesting work, was killed on February 17, 2023 at Taurewa Station near Tongariro. WorkSafe, New Zealand's workplace health and safety regulator, released a statement following his death, detailing how Clear's mower became bogged down while he was working on a farm near Whakapapa Village. A digger was brought in to extract the mower 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,' the statement reads. An investigation by WorkSafe found the employer failed to carry out a risk assessment to identify the overhead power lines as a hazard. It also said it had failed to have a spotter in place to ensure the lines were not contacted. Despite immediate CPR and emergency services' efforts, Clear died at the scene. Coroner Wilton confirmed the cause of death as electrocution due to a workplace accident, exacerbated by aspiration of stomach contents, according to the Waikato Times. Sean Clear died after being electrocuted, a death Coroner Mark Wilton, added, could have been prevented by 'simple, no-cost steps'. The coroner found that Coogan Contracting, Clear's employer, failed to identify the power lines as a hazard and did not communicate the risks to employees—failings that directly led to the fatality. The company was sentenced at Taumarunui District Court on December 18 and ordered to pay $100,000 in reparations and fined $25,000 after admitting charges under the Health and Safety at Work Act. 'I accept the opinion of WorkSafe that the overhead powerlines at the Taurewa Station work site were a risk that should have been clearly identified by Coogan's,' Coroner Wilton said. 'I also accept that the failure to identify and mitigate that risk resulted in Mr Clear's death.' Coroner Wilton endorsed a suite of WorkSafe resources and a recent safety alert urging rural operators to "look out, look up" and keep a minimum four-metre clearance from live lines. The coroner also echoed an earlier call by another coroner to review WorkSafe's agricultural powerline guidance. 'This tragic event highlights how everyday risks in farming can become deadly if basic safety protocols are ignored,' he said. 'Simple, no-cost steps could have saved a life.' Clear's family expressed disbelief at the circumstances, stating that the accident was avoidable had proper precautions been taken. In a tribute to Clear in the wake of his death, Clough-Ballacolla Gaelic Athletic Association chairman Gordon Pearson told how the community had been 'heartbroken' by the young man's death. 'He was such a nice chap. He had a word for everybody, Pearson said at the time. 'They are a lovely family. It is terrible. It was a freak accident.' Coroner Wilton extended sincere condolences to them, noting the 'profound grief' caused by the loss.
NZ Herald
3 days ago
- NZ Herald
Workers for Coogan Contracting not briefed on power line safety before Sean Clear's electrocution death
Clear's family say the tragedy could have been avoided if simple steps had been taken – for instance, having a safety spotter watching the excavator's movements. Coroner Mark Wilton said he agreed with WorkSafe's assessment that the overhead power lines should have been clearly identified as a risk. 'I also accept that the failure to identify and mitigate that risk resulted in Mr Clear's death.' The coroner said the dangers associated with operating equipment near overhead lines were not explained to Coogan's employees, either during their induction or at subsequent safety briefings. This had been confirmed by another worker, who had started at the same time as Clear. Coroner Mark Wilton said the overhead power lines' risks should have been clearly identified by Coogan Contracting. 'At the site of the incident, the overhead lines were not identified as a risk,' Coroner Wilton said. 'As a result, simple steps to mitigate that risk were not done, such as shortening the chain [being used to lift the mower unit] and using another employee as a safety observer.' The NP and MA Coogan Partnership was earlier prosecuted by WorkSafe, which said Clear died because the business failed to take proper care to ensure his safety. The partnership, but not the individuals who comprised it, was convicted and fined $25,000. It was also ordered to pay $100,000 in emotional harm payments to Clear's family, and $7500 in prosecution costs. Irishman in NZ for seasonal work Coroner Wilton said Clear came to New Zealand in October 2022 to do seasonal work, obtained employment with Coogan's and lived in Taumarunui with friends. On February 17, 2023, he was harvesting silage on Taurewa Station when the tractor and mower unit he was driving became stuck in mud. This was just after Cyclone Gabrielle, and Taurewa Station's paddocks were unusually wet. An excavator was brought in to help retrieve the equipment, and Clear was touching the mower unit when the excavator boom to which it was chained made contact with the power lines, which were just over 7m above the ground. Clear died at the scene despite attempts to revive him. Justice Jonathan Krebs said at the time of the WorkSafe prosecution that Clear was a 'fine young man with a promising future ahead of him'. 'He was loved by all and his premature death has left a deep sense of loss in all who knew him,' Justice Krebs said. Clear's family provided statements to the High Court in which they expressed disbelief at what had happened, and pain about simple steps not being taken that could have averted the accident. 'For instance, having a third person observe from a distance to make sure that nothing untoward occurred would have been a simple step, and one which almost certainly would have alerted the excavator operator to the risk that the machine's arm was moving close to the powerlines,' Justice Krebs said. Coroner Wilton recommended that Coogan's update its written hazard policy to take account of electrical safety regulations. He said the partnership should develop an induction policy to ensure all new workers were aware of all the operating risks, and were trained in mitigation practices. He said existing workers should receive this too. The coroner said a risk assessment and mitigation planning should be undertaken before starting at each site, even if work had been done there before. A principal of the partnership, Pat Coogan, told NZME the recommendations had already been implemented. He declined to make further comment. Coogan's had no prior health and safety convictions. After Clear's death, the partnership paid nearly $30,000 for his co-workers to travel to Ireland for his memorial service. The coroner said that a warning notice was displayed in the excavator cab showing a picture of a boom making contact with overhead lines, and a person being shocked. Although worn, it was able to be read by the operator. Ric Stevens spent many years working for the former New Zealand Press Association news agency, including as a political reporter at Parliament, before holding senior positions at various daily newspapers. He joined NZME's Open Justice team in 2022 and is based in Hawke's Bay.
RNZ News
3 days ago
- RNZ News
Coroner finds NP & MA Coogan Partnership breached health and safety obligations prior to fatal accident
Sean Clear as electrocuted in February 2023 when an excavator came into contact with powerlines carrying 30,000 volts. File picture. Photo: RNZ / Rebekah Parsons-King The coroner says the employers of an Irish seasonal worker - killed when a digger touched with overhead powerlines - failed to brief workers on safety procedures ahead of the death. Sean Clear was electrocuted in February 2023 on Taurewa Station in the central North Island when an excavator being used to free a tractor and mower unit stuck in muddy conditions and came into contact with powerlines carrying 30,000 volts. In findings released on Thursday, coroner Mark Wilton said a WorkSafe investigation into the death had found Clear's employer, NP & MA Coogan Partnership had breached Health and Safety obligations in a number of ways in the lead-up to the accident. He said the company had failed to identify and communicate to staff the risk posed by powerlines at the worksite and had failed to take "reasonably practical steps" to ensure the safety of its workers. Clear had been harvesting silage on the station when the tractor and mower unit he was driving became stuck in mud. He was electrocuted when an excavator - being used to assist - contacted overhead power lines just over seven metres above the ground while chained to the mower unit that Clear was touching. The coroner said there was an absence of a safety observer or "spotter" to alert the driver of the digger before its boom came within minimum approach distance from the lines, as well as a failure to limit the length of the chain used to lift the mower. He also said the company had not contacted the power company for advice or requested a technician on site to supervise work near the lines. Last year Coogan's pled guilty to charges of failing to comply with its duties to keep workers safe and exposing them to the risk of serious injury or death. Coogan's was ordered to pay a fine of $25,000, as well as $100,000 in emotional harm reparation to Sean Clear's family. On Thursday, Coroner Wilton said he agreed with comments made by Clear's family at the company's sentencing last year. "Mr Clear's family and friends spoke at sentencing about their disbelief about what occurred. They were particularly pained that if simple steps had been taken at the time the mower was being moved, the tragedy could have been averted," Wilton said. The coroner recommended Coogan's update its hazard policy to include guidelines from Electric and Safety Regulations 2010, the New Zealand Electrical Code of Practice for Electrical Safe Distances and the WorkSafe guidelines regarding electrical safety in agriculture. Wilton said Coogan's needed to ensure existing workers were updated and trained in operating risks and mitigation procedures as well as develop an induction policy to educate and train new workers on the risk management practises in the policy. He said risk assessment and mitigation planning should be put in place ahead of work going ahead at each of the company's work sites "regardless of whether work has been carried out there in previous seasons". The coroner noted that WorkSafe had also issued a media release and a safety alert "urging businesses to prioritise safety near overhead electric lines" in response to Clear's death and a coroner's report on another death on a farm from powerline electrocution - issued earlier this year. Coogan Contracting declined to comment on the findings. Sign up for Ngā Pitopito Kōrero , a daily newsletter curated by our editors and delivered straight to your inbox every weekday.
Scoop
5 days ago
- Business
- Scoop
Health And Safety Reform: Sector-Specific Updates Signal Targeted Regulatory Relief
As part of the Government's ongoing reform of New Zealand's health and safety regulatory framework, the Minister for the New Zealand Workplace Relations and Safety, Hon Brooke van Velden, has announced a new tranche of health and safety reforms, targeting specific industry sectors. The Minister indicated that the announced changes are aimed at improving clarity, reducing unnecessary compliance burdens, and better aligning regulations with real-world risks across several key sectors. This tranche of announcements follows earlier signals from the Government regarding broader legislative reform, which is expected to be introduced to Parliament later this year, with new legislation enacted ahead of the next election. In contrast to the first suite of announcements, this tranche demonstrates an intention to consult with identified sectors to develop or amend safety regulations or approved codes of practices in identified areas. Key features of the announcements Construction The Minister's announcement on 28 July 2025 signalled the intention to consult with the construction industry to create clearer rules and prequalification guidance to support construction. Specifically, the Minister highlighted possible changes for working at heights, the use of scaffolding and to simplify the complexity of prequalification systems, to better align health and safety requirements with actual site risks. The Government aims to, following consultation with the construction sector, introduce a risk-based hierarchy of controls for working at height, to help businesses select appropriate safety measures based on the specific hazards of each task. It is hoped this approach will reduce unnecessary use of scaffolding, particularly in low-risk situations. The Government has also signalled the introduction of revised prequalification guidance to improve consistency across the sector. As part of this work, the Minister has asked WorkSafe to collaborate with industry to develop free-to-use templates that support a more consistent and streamlined approach. Additionally, work is underway to clarify overlapping duties on shared worksites through an Approved Code of Practice (ACoP), which is to be developed by WorkSafe. This decision is aimed at helping businesses better understand when coordination with other contractors is required, and how responsibilities should be managed in practice. Agriculture In the 29 July 2025 announcement, the Minister indicated the Government would be consulting with the agriculture sector on the thresholds for members of the family to be involved in chores on the family farm, while ensuring safety is not compromised. In addition, the Government has also requested WorkSafe develop two new ACoPs in consultation with the agricultural sector, to reflect how modern farms operate and to support practical compliance. The first will provide clearer guidance on roles and responsibilities in agriculture, particularly around overlapping duties and PCBU obligations when multiple PCBUs are working on a farm. The second will focus on the safe use of farm vehicles and machinery, including quad bikes, tractors, side-by-sides, and two-wheel motorbikes. As part of broader reform, the Government is also proposing changes to the ACoP model itself. While compliance with ACoPs is currently voluntary, the proposed change would give greater assurance that following an ACoP is sufficient to meet health and safety duties under the Heath and Safety at Work Act 2015 (the HSW Act). Manufacturing On 30 July 2025, the Minister announced that the Government will consult on how to simplify machine guarding rules, aiming to replace 'outdated requirements' with a risk-based approach. The Minister signalled that these changes are expected to benefit both manufacturers and other sectors that rely on machinery, including agriculture, horticulture, construction, and food processing. Additionally, the Minister noted that the Government will review workplace exposure standards for substances such as soft wood dust, hard wood dust, and welding fumes. The review aims to improve clarity and ensure that exposure limits are practical. Science and technology On 31 July 2025, the Minister announced that the Government will consult on changes aimed at reducing regulatory complexity and better supporting innovation across the science and technology sectors for growth. The proposed changes will seek to match hazardous substances requirements for laboratories with their actual risk. It is not yet clear what form these requirements will take. A particular focus is the introduction of reforms that support the development and use of hydrogen technologies, including: enabling the use of internationally accepted hydrogen storage containers; establishing safety requirements for cryogenic liquid hydrogen; and introducing standards for hydrogen filling stations and dispensers. These reforms are intended to create a more enabling regulatory environment, in line with the Government's Hydrogen Action Plan. Broader consultation is underway to ensure the regulations reflect the needs of researchers, innovators, and industry stakeholders. Adventure and events In the last announcement on 1 August 2025, the Minster announced the Government would be consulting on health and safety regulations in the recreation and entertainment sectors to reduce unnecessary compliance pressure, while maintaining safety outcomes. Following consultation, it is intended that changes would be made to the Adventure Activities Regulations and Amusement Device Regulations, with the aim of reducing compliance costs for recreation providers, event organisers, and volunteer-led groups. One of the key proposals involves refining the definition of 'adventure activities' to distinguish between high-risk and low-risk recreational offerings. This change seeks to reduce compliance obligations for operators whose activities pose minimal safety risks. The Government is also proposing updates to the Amusement Device Regulations to focus council permitting requirements on transportable high-risk amusement devices. In contrast, fixed or low-risk devices would be exempt from these requirements. The proposed reforms aim to clarify health and safety obligations for volunteer organisations, especially those involved in outdoor recreation or emergency response, intending to reduce administrative complexity. Our view Given intended consultation with industry, it is difficult to predict the full impact of the announced reforms. However it is clear that the Government is seeking to save time and cost for businesses by reducing 'red tape' and 'mak[ing] it easier to do business'. At a high-level, these sector-specific updates reflect a desire to move towards a risk-based regulatory approach and a willingness to respond to industry feedback. However, while the intended areas of reform offer some clarification and modest compliance relief, they appear to fall short of delivering the clarity many stakeholders have been calling for. While it is promising to see a continued focus on regulation in areas where the greatest risk is presented, some of these reforms, such as those around guarding, relate to areas where significant risk is present and where New Zealand has been susceptible to poor health and safety performance. From a practical standpoint, how these reforms are implemented will be critical. Legislative changes alone will not be enough, and clear guidance, consistent support and enforcement, and meaningful engagement with industry will be essential to ensure that the intended benefits are realised 'on the ground'. A continued programme of keeping these standards up to date to align with best practice will also be vital, to ensure New Zealand does not fall further behind its Australian and English counterparts in health and safety performance. Nonetheless, businesses should take this opportunity to engage with the consultation processes to ensure the input and feedback required is received to inform the development of these codes of practice and regulation. We will continue to watch with interest as the Government continues its work to improve health and safety, and as Cabinet makes decisions on other aspects of the reform.
The Australian
5 days ago
- The Australian
PAWS Construction fined $256k over Perth tradie Nathaniel Good's death
A construction company has been fined over the death of a 19-year old tradie who was struck by a sea container drawbridge ramp. PAWS Construction and Maintenance was fined $256,000 for failing to provide a safe workplace after the company pleaded guilty in the Fremantle Magistrates Court on Wednesday. Nathaniel Good, 19, had been employed with the company for three weeks when he assisted his supervisor to lower a 250kg ramp and was fatally struck, suffering a traumatic head injury in November 2021. A court found the worker had not been properly trained to raise or lower the ramp when he was injured. It was also revealed a winch was installed to assist with raising and lowering the ramp, but it was not operational at the time of the incident. Nathaniel Good was fatally struck by a sea container drawbridge ramp at a Perth construction site in November 2021. picture: Facebook WorkSafe Commissioner Sally North said it was a sad reminder of the need to have safe work procedures in place for all hazardous tasks in a workplace. 'There was no documented procedure or instructions for the task, which clearly should have been treated as hazardous,' she said. 'Being hit by falling objects is a high-risk area for injuries and fatalities in the construction sector and across other sectors, and I encourage workplace leaders to consult workers and review their controls in relation to preventing objects from falling. 'In considering the types of objects that can fall, it is essential not only to consider dynamic work tasks such as the movement of loads but also other heavy materials that are installed or stored in such a way that they could fall if something goes wrong. 'Some examples are stored stone slabs, large industrial gates, roller doors and motors for roller doors, ramps that are required to be raised and lowered and similar objects.'
