West Coast companies sentenced after workers collapse in toxic gas pit
Photo:
Supplied / Worksafe
A Greymouth man still suffers flashbacks from being trapped, unable to breathe, almost two years after rescuing a colleague from a pit of poisonous gas, a court has heard.
Paul Smith Earthmoving and Taylorville Resource Park Limited have been ordered to split more than $685,000 in fines, fees and reparation payments after the two workers were overcome by fumes in a pit they were digging in August 2023.
The Paul Smith Earthmoving workers had not been told the Taylorville Resource Park landfill had a significant problem with hydrogen sulphide gas.
In sentencing at the Greymouth District Court on Friday, Judge Jane Farish said the companies had demonstrated a "near-complete failure" to identify and address the site's dangers and there was a risk the men could have died.
"Both companies should have been aware of the seriousness of the harm that could have been caused by that gas," she said.
They had earlier pleaded guilty to one charge each of exposing workers to a risk of death or serious injury.
The first worker who collapsed was hospitalised in critical condition with chemical burns to his eyes, seizures, lung inflammation and an irregular heartbeat.
The supervisor who rescued him was treated for toxic gas exposure and developed a knee infection from trying to clamber out of the pit, as well as PTSD.
He also lost his job with Paul Smith Earthmoving because of a restructure, which Judge Farish said had compounded the psychological impact.
According to the summary of facts, Taylorville Resource Park Limited staff had noticed a "rotten egg smell" at the landfill in January 2023.
The company sought advice from an expert who said the site had an excess of hydrogen sulphide gas and it needed to "make the workforce aware of the danger".
Taylorville and Paul Smith Earthmoving discussed the presence of the gas in a series of emails but when staff were asked to excavate a pit at its site, neither of the two workers was given a safety briefing about the hazards.
One of the men was told the smell was not going to kill him and that it was "only one sort of gas".
The workers had dug a five-metre pit, when one of them tried to clear any blockages using a spade.
As he tried to get out, he fell face-down and unconscious, overwhelmed by the toxic fumes.
His supervisor climbed down to retrieve him but was also overcome by fumes and lost consciousness.
The supervisor briefly regained consciousness but passed out again, falling back into leachate.
On his third attempt, he managed to climb out of the pit and contact emergency services.
A gas detector used by emergency crews that day recorded hydrogen sulphide levels peaking at 175ppm.
The court heard anything over 100ppm was considered "dangerous to life and health".
The detector also picked up more than 50ppm of hydrogen cyanide, also above the level considered "immediately dangerous to life and health".
The worker was flown to Christchurch Hospital in a critical condition and admitted to ICU, while his supervisor spent a night at Greymouth Hospital being treated for toxic gas exposure.
The pit at Taylorville Resource Park.
Photo:
Supplied / Worksafe
In statements provided to RNZ by WorkSafe, the men described the lasting impact of their near-death ordeal.
The supervisor said it had ruined his life.
"Every night for the first six months after the incident and now once a week I wake up suffering flashbacks thinking I am still in the pit, not being able to breathe, and thinking I am going to die," he said.
The loss of his job had left him socially isolated and alone, compounding the psychological toll.
"This incident has taken away my life. All my goals and aspirations can no longer be achieved. The mental, physical and financial impacts have had a profound impact in every area of my life and will continue to do so for a long time," the man said.
The other worker said he had no memory of the incident, but felt bad for what his colleague went through.
In a statement, WorkSafe's inspectorate head Rob Pope praised the victims' strength throughout the investigation and prosecution process.
"The experience these men have gone through was both terrifying and completely avoidable. It's only by sheer luck that both survived. Businesses must manage their health and safety risks, and when they do not we will hold them to account," he said.
Judge Farish noted neither company had previous WorkSafe convictions and that Paul Smith Earthmoving previously had an excellent reputation.
Paul Smith Earthmoving's lawyer Chris Macklin said the incident had left the company in a state of "shock and dismay".
"It was frankly a real embarrassment for the company to find itself in this position," he said.
Neither company was "trying to escape under the radar," he added.
Paul Smith Earthmoving had undertaken restorative justice with the supervisor and Taylorville Resource Park Limited had spent $87,000 on new safety measures including emergency management and health and safety plans.
Judge Farish said the costs would have been incurred anyway "if the job had been done properly," with PPE, gas detectors and expert advice.
"If you are running a business such as the Taylorville Resource Park, you are always going to have a significant cost because the nature of the business is risky, particularly when you're dealing with contaminated waste," she said.
Taylorville Resource Park Limited was fined $302,500, while Paul Smith Earthmoving was fined $272,250.
The companies were also ordered to pay a combined $81,256 in reparation to the two workers.
The supervisor received $53,256 while the other worker received $28,000.
Each company was also ordered to pay $14,605 to WorkSafe to contribute to its legal and investigation costs.
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