Businesses that use scissor lifts should take a fresh look at safety, after a worker fell from height and died over the holiday period.
Jun Jiang suffered a fall from a scissor lift in Auckland on 28 December 2024, and died days later in hospital. We’re now investigating how this happened.
Scissor lifts, also known as mobile elevating work platforms (MEWPs), are useful but complex pieces of equipment often used for access in hazardous areas. Operators must be trained and competent before using a MEWP and must follow the manufacturer’s operating instructions. They must also use safe working practices and operate the MEWP within its limits.
“If you have a scissor lift on your worksite, now is a good time to review what it’s used for and capable of. Re-familiarise yourself with the manufacturer’s instructions, check tasks are appropriate for the platform, ensure risk assessments and standard operating procedures are relevant, and ensure staff are trained and competent to use the equipment,” says WorkSafe’s area investigation manager, Danielle Henry.
The causes of elevated work platform injuries and deaths investigated by WorkSafe include:
not following the manufacturer’s recommendations
inadequate training and supervision
equipment failure
not fully assessing the hazards and risks of the job, site, and equipment.
Boom lifts and vertical lifts are the two basic types of MEWPs. Both can help workers reach elevated areas but have very different capabilities. Businesses must choose the best platform for the task, given the type of work and the work environment. The work needs to be properly planned and hazards and risks managed at the worksite.
WorkSafe’s good practice guidelines outline when harnesses are required for work in mobile elevating work platforms.
Recently, we visited a panel beater in Hamilton that was operating with some poor practices. Our inspector Thomas worked with the business owners to make some changes.
“They’ve made positive changes, including small, low-cost ones such as changing where they work to be more in the open air, how they store the paints and chemicals, and protecting power points and exposed power supplies from being potential sources of ignition,” said Thomas.
We’re grateful that the business owners were honest about what their knowledge gaps were and open to working with us to make their work safer.
We’re not always going to visit a business and demand major, high-cost changes. Often, you can improve the safety of a business with a few small, targeted changes. Part of what our inspectors do is offer their expertise to work with businesses to make improvements.
We know it can be daunting when we visit your business but at the end of the day, we all have the same goal – to make sure you make it home safely from work.
“They really want this business to be a success and as part of that they really want to look after their own health and safety. It’s a really great result.”
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.
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.
After working with industry, we’ve set a number of new restricted entry intervals (REIs) for pesticides. These will come into force on 10 June 2025 to give PCBUs and suppliers time to adapt to the new REIs.
REIs are the length of time people are not allowed in an area where a pesticide has been applied unless they are wearing appropriate personal protective equipment (PPE). This protects workers and others from being exposed to harmful levels of pesticides through contact with skin and inhalation. They are determined by the type of crop, the maturity of the crop, and the amount of contact a person may have with the foliage after pesticide application. For this reason, REIs for the same pesticide can differ between crops.
Alongside these new REIs, we have published a quick guide which outlines what a PCBU is required to do when using pesticides with REIs. This guide covers how to determine which PPE is appropriate for different activities, cleaning PPE, and signage.
WorkSafe New Zealand is moving forward with organisational changes to deliver its strategy.
“We are increasing our frontline services, which includes investing an additional $2.7 million annually into growing our inspectorate. In turn, we are simplifying our structure, reducing some non-frontline roles, and ensuring all roles are clearly linked to strategic delivery,” says WorkSafe’s Chief Executive Sharon Thompson.
Feedback on the change proposal has been under consideration since mid-November, following a consultation period with WorkSafe’s kaimahi and stakeholders.
WorkSafe currently has 704 permanent roles. Following decisions, there will be 675 permanent roles, which includes growing our inspectorate over time.
“Our strategy involves a mix of enforcement, engagement, and permitting activities, with a targeted focus on high-risk sectors and high-risk work,” says Sharon.
This requires a shift in how roles and resources will be allocated in the new structure.
WorkSafe’s allocated budget is less than the last financial year, due to the end of some time-limited and ACC funding.
Expressions of interest will open prior to Christmas to redeploy current kaimahi where possible into roles in the new structure, which takes effect at the end of March 2025.
This Asbestos Awareness Week we sat down with Garrett Davidson, the Operations Manager at The Floor Store Commercial, to talk about how they tackle asbestos.
“We’re well aware of the dangers of asbestos and we don’t take any risks. If in doubt, we stop everything and get it tested. We’d much rather be safe than sorry. I’m lucky our Managing Director, Joe, is so supportive of health and safety. He’s made it really clear that the responsibility comes from the top down and we need to look after our men on the front lines.”
As Operations Manager, Garrett runs a tight ship when it comes to health and safety. It’s his job to make sure the safety and wellbeing of his team is the priority. The processes and policies around asbestos are laid out in their asbestos management plan and clearly communicated to the team on the ground.
“You have to have a clear, strict process when dealing with stuff as dangerous as this. Sometimes you get people saying you’re taking it too seriously but we’re talking about the health and safety of my team – of course I’m going to take it seriously.”
This Asbestos Awareness Week, we’re making it easier for you to take asbestos seriously. Check out our updated guidance on asbestos in your workplace and our asbestos management plan example and template:
WorkSafe is again urging the forestry sector to reflect on what more it can do to improve safety, as the details of yet another worker death emerge from a court prosecution.
Jake Duncan was fatally struck when a log came loose and hurtled 325 metres down a hill at Tangoio, north of Napier, in June 2021. The 23-year-old was doing work known as breaking out, where felled logs are connected to a hauling machine for extraction.
The log had been put in place as a ‘plug’ which acted as a bridge for other logs to slide over, until it gave way with tragic consequences. This uncommon method is known as plugging and bridging.
The pre-harvest risk assessment only listed two hazards for the entire site, and did not properly consider the risks of the plugged log dislodging. The company should also have had better controls in place to minimise the risk of workers like Jake Duncan being struck.
These health and safety failures led to WorkSafe charging Mr Duncan’s employer, Logged on Logging 2020 Limited. In a reserved decision, the Napier District Court has ordered Logged on Logging to pay reparations. Another company, Forest Management (NZ) Limited, was sentenced in late 2023 for its health and safety failures unrelated to the death.
“Jake Duncan was a treasured father, partner, son, brother, and friend. The forestry industry owes it to whānau to ensure workers get home safely each day,” says WorkSafe’s area investigation manager Paul Budd.
Businesses must manage their risks and up to date, site-specific risk assessments are a must-have in forestry. Plugging and bridging is an unstable method, and logs should be cleared as soon as possible to avoid coming loose.
“Jake Duncan’s workmate only survived because he jumped in the opposite direction as the log came down the hill. The terror the two men must have endured as they saw the log coming towards them is unthinkable,” says Paul Budd.
WorkSafe’s new strategy zeroes in on forestry because its fatality rate is nearly 20 times higher than the average for all industries. Our priority plan for the sector notes workers hit or trapped by a moving object as a specific source of high harm. WorkSafe’s targeted frontline activities in forestry will be increasing as there are opportunities to significantly improve health and safety, reduce acute harm, and address inequities.
WorkSafe’s role is to influence businesses to meet their responsibilities and keep people healthy and safe, and where they don’t, we will take action.
Logged on Logging 2020 Limited was sentenced in reserved decisions from the Napier District Court.
Reparations of $332,187 were ordered, but the company could not afford to pay a fine.
Logged on Logging 2020 Limited was charged under sections 36(1)(a), 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 Jake William Duncan, while the workers were at work in the business or undertaking, did fail to comply with that duty, and the failure exposed the workers to the risk of serious injury or death.
The maximum penalty is a fine not exceeding $1.5 million.
Forest Management (NZ) Limited was sentenced in a reserved decision from the Napier District Court.
A fine of $50,400 was imposed.
Forest Management (NZ) Limited was charged under sections 36(1)(b) and 49(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 whose activities in carrying out work it influenced or directed, while the workers were carrying out the work, did fail to comply with that duty.
The maximum penalty is a fine not exceeding $500,000.
Media contact details
For more information you can contact our Media Team using our media request form. Alternatively:
Kia ora koutou and welcome to the November 2024 work-related health newsletter.
Thank you for your interest in work-related health this year. We’ll be back in February with the next edition of this newsletter but in the meantime, check out the latest guidance and information to help you ensure a healthy and safe work environment, especially over the summer.
We hope you have a healthy and safe festive season.
In this edition:
Reminder about summer risks
Asbestos Awareness Week
New manual tasks screening and risk assessment tools
Psychosocial risks guidance consultation
Work-related health notifications
MBIE occupational diseases consultation
New Zealand Journal of Health and Safety Practice: From Robens to 2024
