The brother of an East Coast forester killed on the job says he gave up a fishing trip to keep felling trees because he knew crews were relying on him.
Walter Collier scored 99 percent in assessments for his skills as a tree faller. File photo. Photo: 123RF
The whānau of Walter Collier has expressed misgivings about the coroner's findings that put the onus on their brother for what happened, and are frustrated at a WorkSafe investigation they said got "bogged down".
Walter, known on the job as Terry or Boo, 56, was such a good tree faller he scored 99 percent in assessments.
But his last tree, in a forest near Gisborne in January 2020, was under huge pressure due to wind damage. Though no one witnessed what happened, it was evident he made very uncharacteristic mistakes in the cut, and the tree was torn apart by tremendous force, trapping and killing him.
The windblown trees could have been felled by machine, and eventually were.
The findings said all the risks were fully and properly assessed by the employer Eastside Logging, and that ultimately Walter Collier was rightly placed as the decision maker on how to approach the risks.
But his brother, Hilton Collier, said: "I think that's a very inadequate conclusion.
"If that's the standard, then that to me seems to be an 'out' for all employers."
As the general manager of Pakihiroa Farms, he said he took daily measures around risk, and addressing risks ultimately must rest with the employer, not employee.
"Certainly while there's been a conclusion that systemically all the matters had been dealt with appropriately, when someone dies, there has to be something that is clearly not right.
"And I guess that's a disappointment we have, with the coroner, [they] could have taken a stronger stance."
RNZ was unable to contact Eastside Logging.
Coroner Mary-Anne Borrowdale noted how the forest's owner, Ernslaw, increased what it was paying Eastside after the death, to help it buy a mechanised feller - and that Ernslaw was supporting all its contractors to move towards mechanised tree felling.
Hilton Collier questioned how the windblown trees his brother was working on could have been assessed as safe, when they required mechanised felling after his death.
But the coroner said Eastside took all practical steps to reduce the risks in partnership with Walter Collier.
He was also under no individual pressure, as he was felling well ahead of the haulage crew, she said.
"I accept there was no production pressure - but there's all sorts of social pressure," his brother told RNZ, speaking on behalf of whānau.
"In our small East Coast communities, everyone's financial circumstances are pretty well known. And as the only fella for two gangs, with workmates telling him they were keen to get back to work, knowing my brother, that would have weighed heavily on him at the time."
Fishing was a passion for him but "he turned down a fishing trip to go to work, because his mates needed income coming in".
"So I'm not sure we agree that there was no pressure on him to perform."
Collier is unsure now that kind of pressure can be addressed. "I think we need to recognise we all have an obligation to look after each other."
He added: "So we just have questions about some of the decisions reached on the day. All that said, it won't change what's happened, you know, our brother is no longer with us."
Family has not heard from WorkSafe
The coroner noted she had passed the whānau's criticism of WorkSafe on to the agency.
The family has not heard back, Collier said.
WorkSafe seemed to make good early progress then "got bogged down", he said.
"They make this charade of keeping us informed and in contact. And each time we met with them, we were none the wiser about the circumstances of what has happened."
WorkSafe made an effort to have meetings, but these lacked substance.
They did not get to deal with just a single investigator due to staff turnover, Collier said.
"It seemed to be an eternity.
"The ultimate pain point was reached when, at the end of 12 months they had confirmed the investigation had been concluded ... and when we asked for a copy of the report, we were told we had to request it under the Official Information Act."
WorkSafe's newly appointed head of specialist interventions Dr Catherine Gardner said the agency expressed its sincere condolences to the Collier whanau.
"We recognise that investigation processes can be difficult, which is why we have established a number of support mechanisms for victims since 2020 including a dedicated support team," Gardner said.
:We're confident we carried out a robust investigation and note the Coroner's report did not make recommendations for WorkSafe."