Pike River Mine victims’ families fear proposed health and safety law changes risk another tragedy

Source: Radio New Zealand

Families of those killed in the Pike River Mine disaster fear the government’s proposed health and safety law changes will remove worker protections and risk another tragedy.

Sonya Rockhouse, who lost her 21-year-old son Ben, and Anna Osborne, who lost her husband Milt, told the Education and Workforce Select Committee on Wednesday they wanted health and safety laws strengthened.

A methane-fuelled explosion ripped through the Pike River coal mine in the rugged Paparoa Range on the South Island’s West Coast on 19 November 2010, killing 29 workers.

The Health and Safety at Work Amendment Bill was introduced to Parliament last month and the government said it was intended to reduce death and injury rates while also cutting compliance costs by focusing on the most serious critical risks and reducing confusion.

But critics said the changes could weaken worker protections and result in more workplace injuries.

Osborne said her husband’s death was preventable, it was not bad luck or an act of God.

“He was killed by a company that put its profit ahead of his life and the lives of 28 others, and that was allowed to happen by years of people, sitting in the same seats you are now, weakening the health and safety laws and regulations again and again,” she told the committee.

“This should never have happened and the travesty of justice that followed is a blight on New Zealand’s soul.”

‘This bill takes that away’

Workplace health and safety laws were strengthened in 2014 after the mining disaster, which had kept workplace deaths and injury rates at bay despite the population of the country growing larger, she said.

“People could be confident in speaking up and employers began to feel they needed to listen,” she said, of the 2014 changes.

But that was still not enough and Osborne and Rockhouse wanted to a corporate manslaughter charge introduced in New Zealand law.

“Milt always looked out for his people – he was a volunteer fireman, a local councillor – I have always thought that among all the bad that came from Pike he would have taken some heart in the fact his death helped keep others safe even just by a little bit,” Osborne said.

“This bill takes that away. It takes it away from every person at work in New Zealand and it takes it from the memory and the legacy of Milt and all the men he is lying with in that shithole of a mine.”

The pair made the submission on behalf of Stand With Pike outlining their concerns with the proposals in the Health and Safety at Work Amendment Bill.

Rockhouse said Ben was a intelligent, articulate, gentle boy who believed people were good.

“I don’t know what he would have made of how hard we’ve had to fight for truth that should have been ours by right. We should never have had to fight, protest and campaign for justice, accountability or truth,” she said.

“I don’t even know what to think of this right now, of the fact that we are having to come here again to tell people yet again about the consequences of taking people’s rights to health and safety from them.”

Osborne and Rockhouse met with Workplace Safety Minister Brooke van Velden at Parliament last November on the 15th anniversary of the disaster.

The minister, who admitted she had not read the Royal Commission’s report on the Pike River Coal Mine Tragedy, and did not support the introduction of a corporate manslaughter charge, instead preferred to focus on “upfront guidance” for businesses.

Rockhouse said everyone had the right to go to work in the morning and come home safely.

“It feels like the authors of this Bill have failed to learn from history, they have wilfully ignored it and it makes me sick and angry”, Rockhouse said.

“To wind back health and safety despite the price our men and us – their families – have paid, despite the fact that all of New Zealand has seen that cost? Shameful does not even begin to describe it.”

‘Absolute conflict of interest’

Green Party MP Ricardo Menéndez March asked the pair about their concerns with the law change.

Rockhouse said both her sons – Dan was one of just two survivors from the disaster – told her if they tried to raise issues around health and safety, no matter how big or small, they were told to “just shut the F up and get on with your job, basically that was the mentality”.

Several miners told her they had been worried about an explosion at the mine and the chief executive had said, “if you don’t like it there’s the door, leave, you’re not in Australia now”, she said.

“It’s very hard in that context to think the CEO would have identified the appropriate critical risks under the financial pressure they were under.”

Osborne said methane levels in the mine peaked over 19 times in the two weeks before the explosion.

“Those 19 times the men should have been out of the mine and, until that mine re-ventilated, they should not have been allowed to work but [Peter] Whittle and the managers there wanted production to happen,” she said.

“It was almost like they were playing a game of Russian roulette – production over safety.”

Stand With Pike advisor Rob Egan said the Bill assumed the workplace health and safety regulator could police and provide guidance and consultation to employers.

“That’s exactly what happened at Pike River … it is an absolute conflict of interest,” he said.

Earlier this year police said they were nearing the final stages of the criminal investigation into the disaster.

Detective superintendent Darryl Sweeney said the investigation was legally complex and police had been working with the Wellington crown solicitor for more than 18 months.

Further investigation was still needed and an update was likely to be several months away, he said.

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– Published by EveningReport.nz and AsiaPacificReport.nz, see: MIL OSI in partnership with Radio New Zealand

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