MEDIA RELEASE
11 November 2008
Trenching fatality stirs safety call
The Department of Labour is calling on employers in the construction industry to review their safety procedures after
its third trenching fatality prosecution in a month.
Callum Molloy Ltd was sentenced yesterday, following a guilty plea in the Thames District Court, to one charge brought
under the Health and Safety in Employment Act of failing to take all practicable steps to ensure the safety of an
employee.
The Department decided to prosecute following the death of Keith Arnold Hancox on a site near Thames on 12 February
2008. The company was fined $30,000 and ordered to pay $80,000 in reparation to Mr Hancox’s partner.
Mr Hancox died after a trench wall collapsed, burying him facedown in 1m³ of spoil. Although his workmates were able to
dig him out, Mr Hancox died of his injuries.
Department of Labour Hamilton service manager Mark Whatnall said Mr Hancox’s death should never have happened
“Our sympathies are with his family, friends and co-workers. We are deeply aware that the prosecution and fine of his
employer offer little comfort after the tragedy of his death. But we hope the prosecution will remind companies in the
construction sector of the potentially terrible human cost of failing to ensure workers are safῥ.
Mr Whatnall said Callum Molloy Ltd had failed to get geotechnical advice on the stability of the material surrounding
the trench walls. It had also failed to cut the trench back to a safe slope or provide a trench protection shield to
ensure the trench did not collapse. The company also started work without notifying the Department of Labour. This was a
breach of Health and Safety legislation.
He said the Department’s Approved Code of Excavation and Shafts for Foundations sets out safety requirements for all
excavation work. Employers needed to be familiar with its contents. This code is available at
www.osh.dol.govt.nz/order/catalogue/135.shtml
The two previous incidents were in Nelson and Oamuru.
ENDS