Department of Labour refuses to investigate own role in Pike River tragedy

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Tue, 24 Jan 2012 6:05p.m.

The Department of Labour charged Peter Whittall, Pike River Coal Ltd and VLI drilling over the disaster (AAP)

The Department of Labour charged Peter Whittall, Pike River Coal Ltd and VLI drilling over the disaster (AAP)

By Rachel Morton

The Department of Labour has admitted it never considered prosecuting itself over the Pike River mine tragedy.

That is despite serious shortcomings in the way it resourced and carried out mine inspections being exposed during the Royal Commission of Inquiry.

The DoL charged Peter Whittall, Pike River Coal Limited and VLI drilling over the disaster that claimed 29 lives.

But it did not charge itself, even though it conceded at the Royal Commission that its mine inspectors were overworked, understaffed, under-resourced and not properly trained.

In response to an Official Information Act request from 3 News, the DoL revealed it never even considered prosecuting itself.

The DoL's investigation and resulting prosecutions have been focused on those whose alleged failings it considered had the most bearing on the causes of the tragedy.

“So that was the contractors, the employees themselves, the company, people there day-to-day taking the management decisions and the day to day decisions for the company,” says Lesley Haines, DoL health and safety manager.

The DoL told the Royal Commission it did not consider mining one of its most high-risk industries, and there were allegations that mines were so poorly inspected the industry was effectively left to self-regulate.

“It's absolutely apparent to me that the department should have investigated its own role and should have considered prosecution. It's a tragedy in itself that it has not,” says Green MP Kevin Hague.

Bernie Monk, spokesperson for the Pike River families, says the DoL need to be held accountable.

“I think the Department of Labour have got a lot to answer for and I think it's up to the commission to bring that out and I’ve got every confidence the commission will do that.”

While the DoL says it is important its performance is assessed by an independent body such as the Royal Commission, the commission cannot bring a prosecution.

But a private prosecution can be brought against the DoL and 3 News understands that is being considered by at least one party - but they will not begin proceedings until after the findings are released from the Royal Commission of Inquiry which resumes next month.

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Comments

27 Jan 2012 11:02a.m.

Sherry wrote:

Well done to Channel 3 for exposing DOL's inability to take responsibility for it's part in a major disaster. From my experience with DOL it appears that their objective is not to proactively ensure the health and safety of workers, but to do reactive, cursory, biased investigations AFTER a tragedy has occurred. That leaves NZ workers at the mercy of their employer who may be ignorant of the law and trying to save money. The tragedy at Pike River is another unfortunate illustration of DOL's incompetence. How can coal mining not be considered "high risk"? It's mind-boggling. The botched FCC toxic cleanup in Mapua where I unfortunately worked, was declared "high risk" by DOL at the start (official DOL evidence) but DOL still left us at the mercy of negligent management. After a FIVE YEAR wait, the DOL will (allegedly) soon be issuing a report looking at the H&S of FCC site workers. The draft report clearly concludes negligence causing harm, but DOL says no charges will be laid. Could be because Ministry for the Environment is one of those negligent parties. We shouldn't have to take private prosecutions to get the gov't to take responsibility for criminal actions. I hope the Pike River families will someday see justice served if that's possible in NZ. Based on what the ex-DOL inspector says, there are serious systemic problems in DOL that require immediate attention before they allow more harm to come to workers.

25 Jan 2012 10:09p.m.

Ex DoL Inspector wrote:

The problem with DoL is that its Occupational Safety and Health function has been hijacked and corrupted by the career Public Services Managers that run the place and left wing radicals within DoL who have an alternative agenda other than a genuine concern for the welfare of workers and the public and who are not technically competent - more like political animals or wannabe lawyers than professionals! Occupational Safety and Health is a professional discipline like medicine and engineering and should only be managed by such people. Disasters like Pike River and Rena are symptomatic of failings in government departments like DoL who are too politically influenced and full of self serving individuals to be effective. A cursory look at the DoL website for example reveals that its Senior Management Team comprises career public service managers who move onto jobs like CEO of the NZ Symphony Orchestra - lower level managers will be public service managers from defunct government departments or political hacks with political party connections - hardly Occupational Safety and Health professionals! Disasters like Pike River and Rena suggest that a new occupational safety and health and public safety administration model is necessary in NZ - perhaps a relatively independent body like a Commission Of Public and Occupational Safety and Health? Unless the Royal Commission of Inquiry into the Pike River disaster recommends such a change and it is implemented more NZ workers and public will die and be seriously injured unnecessarily. If they don't then the battle continues and a private prosecution against DoL for Pike River would be entirely appropriate. Of course the big challenge is identifying who is truly professional in the Occupational Safety and Health world in NZ because Pike River had lots of so called OH&S professionals on its staff yet 29 men lost their lives!

24 Jan 2012 09:10p.m.

cyril wrote:

Hahaha what do you expect from these bozos. They are just looking for someone to pin it on and like kids its never there fault. They only want the fees not the responsability.

24 Jan 2012 08:05p.m.

Ruz wrote:

I presume that the Labour Department don't wamt to investigate its role in Pike River because it may not like what it finds. It certainly must shoulder the blame for its failure to undertake its mine inpsection role properly. If it was anybody else they would be prosecuted. Right noew the Labour Department has no credibility.