A yearlong investigation of a New Zealand employer has led to convictions on numerous charges involving workplace safety.
According to information from the country’s Ministry of Business, Innovation & Employment, Judge Jane Farish convicted Pike River Coal Ltd (In Receivership) on all nine charges laid by the former Department of Labour. The Judge indicated sentencing will take place in early July.
“These convictions follow a yearlong investigation by a team which at times reached 15 members, and reflects the high quality of their work,” Brett Murray, general manager High Hazards and Specialist Services said.
The former Department of Labour charged three parties under the Health and Safety in Employment Act over the explosion which killed 29 men in November of 2010.
VLI Drilling Pty Limited (of Australia) was convicted on three charges under the Health and Safety in Employment Act and in October last year, was fined $46,800.
The third case against the former CEO of Pike River Coal Ltd, Peter Whittall has yet to be heard.
9 Offenses In All for Pike River Coal Ltd.
Pike River Coal Ltd (In Receivership) was charged with four offenses of failing to take all practicable steps to ensure the safety of its employees; four offenses of failing to take all practicable steps to ensure the safety of its contractors, subcontractors and their employees; and one offense of failing to take all practicable steps to ensure that no action or inaction of its employees harmed another person. These failures relate to methane explosion management, strata management, ventilation management, and mitigating the risk and impact of an explosion.
VLI Drilling Pty Ltd (Australia) was charged with one offense of failing to take all practicable steps to ensure the safety of its employees; one offense of failing to take all practicable steps to ensure the safety of contractors, subcontractors and their employees; and one offense of failing to take all practicable steps to ensure that no action or inaction of its employees harmed another person. In October of 2012, the company was convicted on the charges and fined $46,800.
Lastly, Peter Whittall is charged, as an officer of Pike River Coal Limited, with four offenses of acquiescing or participating in the failures of Pike River Coal Limited as an employer; four offenses of acquiescing or participating in the failures of Pike River Coal Limited as a principal; and four offenses of failing to take all practicable steps to ensure that no action or inaction of his as an employee harmed another person.
These failures were tied to methane explosion management, strata management, ventilation management, and mitigating the risk and impact of an explosion. Whittall has pleaded not guilty to all charges. In March, Whittall made an application to the Court to transfer the hearing to Wellington.
Judge Farish reserved her decision and will release her written decision to the parties prior to late May.
Author Michael B. Stack, CPA, Director of Operations, Amaxx Risk Solutions, Inc. is an expert in employer communication systems and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. He is a writer, speaker, and website publisher. www.reduceyourworkerscomp.com. Contact: [email protected].
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