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West Coast companies sentenced after workers collapse in toxic gas pit
West Coast companies sentenced after workers collapse in toxic gas pit

RNZ News

time04-07-2025

  • RNZ News

West Coast companies sentenced after workers collapse in toxic gas pit

The pit at Taylorville Resource Park. 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. Sign up for Ngā Pitopito Kōrero , a daily newsletter curated by our editors and delivered straight to your inbox every weekday.

Health and Disability Commissioner investigates struck-off dentist Bharath Subramani, finds more breaches
Health and Disability Commissioner investigates struck-off dentist Bharath Subramani, finds more breaches

RNZ News

time30-06-2025

  • Health
  • RNZ News

Health and Disability Commissioner investigates struck-off dentist Bharath Subramani, finds more breaches

By Tara Shaskey, Open Justice multimedia journalist of Photo: 123rf More complaints about the poor practices of a struck-off dentist have come to light. They include a patient who suffered extreme pain after a piece of tooth was left in his gum, and another who was hospitalised after her cheek was pierced with an airflow polisher. Former Greymouth dentist Bharath Subramani, known as Barry Subramani, was banned by the Dental Council in 2023 from practising for three years after several upheld complaints. Today, the Health and Disability Commissioner released an 86-page report focused on three further complaints. Deputy Commissioner Vanessa Caldwell found Subramani breached several aspects of the Code of Health and Disability Services Consumers' Rights (the Code) when he provided dental services to the complainants, and has recommended that he apologise. According to the report, a 55-year-old patient, referred to as Mr C in the findings, attended eight dental appointments with Subramani between December 2021 and January 2022, while he was under supervision. A significant amount of treatment was performed, including a tooth extraction. After, Mr C suffered chewing problems and an infection. An "excessively painful" large lump in his cheek also developed and at the following appointments, he queried Subramani about whether it could be a "floating piece of tooth". He told the patient it was his jawbone and reassured him the area was healing well. However, the pain continued and eventually, "a large piece of tooth came out", where the lump had been. He showed Subramani, who reportedly laughed it off. In relation to Mr C's treatment, Caldwell found Subramani had failed to advise of the potential chewing issues after the extraction, did not order an X-ray when necessary, failed to obtain informed consent for multiple procedures and had incomplete and confusing clinical notes. Mr C told the HDC he was "very disappointed in the whole experience" with Subramani. He said he complained to prevent the poor treatment of future patients. Another patient visited Subramani urgently in April 2018 as he believed a filling had fallen out and was in pain. The 35-year-old told the HDC that while only one tooth had been bothering him, Subramani worked on three others, saying they needed attention. Subramani also made him a "type of mouthguard," he said was required and charged him $1300. His notes said the patient, referred to as Mr B, had needed three fillings, and a bite splint to assist his teeth grinding. Mr B was told more fillings would be needed, for which Subramani quoted him $400. Deputy Health and Disability Commissioner Dr Vanessa Caldwell. Photo: James Gilberd Photography Ltd But it turned out to be an exam, scale and polish plus five fillings and he was charged $1425. The man complained to the dental practice, then later the HDC, that he experienced ongoing pain after his treatment with Subramani. "I have had nothing but trouble since he did this work in 2018, spent thousands of dollars, seen [four] different dentists at different times resulting in [two] of the teeth he worked on ultimately being removed," he said. Caldwell's findings concerning Mr B included Subramani's use of outdated materials and incomplete procedures, that he failed to properly diagnose or treat infection, and to provide or document clear treatment plans or consent. The third complainant, aged 75 at the time of treatment between March and April 2018, had a tooth removed by Subramani at her initial appointment. After, Subramani told the woman, referred to as Ms A, that she ground her teeth and needed something for it. She disagreed and told the HDC that he was "quite insistent" that she ground her teeth and was "very confrontational". At a subsequent appointment, Ms A returned for a scale and polish. Subramani tried to polish her teeth using an airflow polisher, but it slipped and pierced the tissue of her cheek. She told the HDC that she "shot upright and could not breathe," and it felt like a "choking sensation", which caused her throat, cheek, and neck to swell. Ms A, who was left alone for a few moments, began to hyperventilate, was very upset and frightened and was later taken to hospital by a friend. There, she saw a doctor who was concerned she had surgical emphysema that was "well up in her face", she told the HDC. She was observed for about 12 hours then sent home. However, she remained sick for about 10 days. She told the HDC she did not choose to have scaling with air polishing, was not informed of the risks or benefits, and subsequently did not give her verbal consent for this treatment. Ms A said the incident left her feeling traumatised, and she has been too fearful to visit a dentist since. Among her findings, Caldwell made several concerning Subramani's failure to use the airflow polisher appropriately. It was also found that treatment plans were inappropriate for the condition, there was a lack of explanation and consent, and Subramani did not seek second opinions or proper supervision when required. Again, several breaches were identified. Caldwell's report, which included expert clinical advice, identified a pattern of unsafe practice and poor patient engagement by Subramani. In making her recommendations, she noted the action already taken by the Dental Council. As Subramani was no longer practising, she ordered him to provide a formal apology to the complainants and to provide the HDC with evidence of the training courses he had attended. Caldwell also recommended that Subramani undertake further education and training before he became registered with the Dental Council again, and that the council conduct a competence review. According to the report, the council had referred Subramani to a Professional Conduct Committee in February 2019 after a string of complaints. The committee went on to find that a charge should be brought against him before the Health Practitioners Disciplinary Tribunal. In February 2022, Subramani admitted and was found guilty of a charge of professional misconduct at the tribunal hearing relating to his treatment of 11 patients between October 2017 and October 2018. The charge included 39 incidents of misconduct, which did not include the three complaints referred to in the HDC report. As a result, he was fined, ordered to pay costs and deregistered, which he appealed. Then, the following month, the HDC made public interest referrals to the Dental Council regarding two of the complainants in the report. The HDC had become aware that Subramani was still able to practise subject to supervision by a dentist appointed by the council in 2020, until an appeal made by him to the High Court had been heard. At that time, HDC had not received the third complaint in the report but it has since been referred. In November 2023, the council confirmed that Subramani's appeal had been heard and that the High Court had upheld the decision to deregister him. It ruled that he was not to practise for three years from October 2023. * This story originally appeared in the New Zealand Herald .

Grey District asked to conserve water after problems with reservoir levels
Grey District asked to conserve water after problems with reservoir levels

RNZ News

time25-06-2025

  • Climate
  • RNZ News

Grey District asked to conserve water after problems with reservoir levels

Grey District Council says water reservoir levels are very low because of a problem at the Coal Creek water treatment plant overnight. Photo: 123rf People in Greymouth and the surrounding areas are being asked to conserve water until further notice. Grey District Council said water reservoir levels were very low because of a problem at the Coal Creek water treatment plant overnight. "This means you may notice reduced water pressure in your home or business today," the council said. "Our team is working hard to rebuild reservoir levels and find solutions as quickly as possible." The council said water quality had not been affected and it was still safe to drink. A boil water notice was in place for Greater Greymouth area for more than two weeks in April after Coliform bacteria and low levels of E Coli were detected in test results. The notice was lifted on 25 April, after checks of the water treatment facility determined the council complied with the requirements. The source of the contamination is still not known, and the council's investigation is continuing. Sign up for Ngā Pitopito Kōrero , a daily newsletter curated by our editors and delivered straight to your inbox every weekday.

Injury forces Paul Coll out of squash finals
Injury forces Paul Coll out of squash finals

RNZ News

time25-06-2025

  • Sport
  • RNZ News

Injury forces Paul Coll out of squash finals

New Zealand squash player Paul Coll of New Zealand. Photo: Jonathan Rebboah / PHOTOSPORT New Zealand squash star Paul Coll has been forced out of the PSA Tour Finals in Canada due to injury. Greymouth's Coll suffered an ankle injury during his first group game against England's Mohamed ElShorbagy. Coll won the match 2-0. After the win world number three Coll gave no indication of an injury. Coll's victory saw him end the opening day of the event at the top of Group B, but his withdrawal means his next two opponents Diego Elias of Peru and opponent Karim Abdel Gawad of Egypt will both receive 2-0 wins. That means that Elias becomes the first player to qualify for the semi-finals after moving top of Group B with seven points with Gawad moving second on five points. ElShorbagy sits bottom of the table without a point to his name, but is still in with a chance of qualifying if he can win his remaining games. The PSA World Tour Finals involves the top eight men and women in the world with total prize money of $2 million.

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