Corrections ‘guilty’ over work death

The Department of Corrections was responsible for the death of a father-offive who was crushed by a 400-kilogram log while doing community work at a church property near Nelson.

Chief District Court Judge Jan-Marie Doogue has found Corrections guilty of failing to take all practicable steps to ensure the safety of Robert Charles Ian Cave, who died of injuries suffered on a community work placement in 2014.

‘‘Though Corrections’ failures do not represent the most direct cause of Mr Cave’s death, nonetheless its failures do represent a cause of his death,’’ she said.

Cave, 26, and another offender were doing community work at St John’s Worship Centre about 25 kilometres southwest of Nelson, on June 7, 2014.

Rev Allan Wasley, who was acting as the Anglican diocese’s sponsor, was sick and let the men work unsupervised.

The other offender was using a chainsaw to cut up a felled gum tree and Cave was collecting the offcuts and rolling them down a hill towards the church. The felled tree, which was resting in a dangerous position, became unstable and rolled downhill at speed, striking Cave and pinning him down. He later died from his injuries.

He was a father to four young children and, at the time of his death, was expecting the birth of his fifth. He had five siblings and his death notice said he was an ‘‘awesome mate to all’’ and would be ‘‘sadly missed and never forgotten’’.

Worksafe investigated the death and brought a prosecution against Corrections last year. The case was heard in the Nelson District Court in June and July, and Judge Doogue made her ruling last week.

Experts for the prosecution, Dr Kathleen Callaghan, an occupational and environmental physician, and Gavin Johnson, a health-and-safety consultant, found there were ‘‘systemic failings’’ in Corrections’ approach to health and safety. Its approach to hazard and risk management was ‘‘disjointed’’ and lacked attention to detail, Johnson said.

Doogue found that Corrections ‘‘failed to meets its duty’’ under the Health and Safety in Employment Act.

‘‘I also find that responsibility for Mr Cave’s death specifically does sit with Corrections.’’

Corrections disputed that the actions or inactions of its staff caused Cave’s death, saying Rev Wasley’s and the diocese’s failings amounted to ‘‘a break in the chain of causation’’.

However, Doogue said Rev Wasley’s sickness was ‘‘not an unforseeable event’’ and Corrections should have provided him with direction on what to do if he was unable to supervise offenders.

Doogue’s judgment found Corrections had no specific guidelines for using power tools on agency placements, and cutting down trees was outside the agreed scope of community work.

It also found that, at the time of Cave’s death, probation officers had not received health-and-safety training relevant to community work agency placements.

Last year, Corrections deputy chief executive Vincent Arbuckle said action had been taken to ‘‘strengthen our systems and processes following this tragic event’’ and all community work supervisors were in the process of receiving additional health-and-safety training.

‘‘In addition, we have enhanced communication with community work agencies and audited the placement of offenders to ensure that agencies are continuing to perform the type of work originally approved.’’

Corrections will be sentenced on November 2.