Clear’s family say the tragedy could have been avoided if simple steps had been taken – for instance, having a safety spotter watching the excavator’s movements.
Coroner Mark Wilton said he agreed with WorkSafe’s assessment that the overhead power lines should have been clearly identified as a risk.
“I also accept that the failure to identify and mitigate that risk resulted in Mr Clear’s death.”
The coroner said the dangers associated with operating equipment near overhead lines were not explained to Coogan’s employees, either during their induction or at subsequent safety briefings.
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This had been confirmed by another worker, who had started at the same time as Clear.
Coroner Mark Wilton said the overhead power lines’ risks should have been clearly identified by Coogan Contracting.
“At the site of the incident, the overhead lines were not identified as a risk,” Coroner Wilton said.
“As a result, simple steps to mitigate that risk were not done, such as shortening the chain [being used to lift the mower unit] and using another employee as a safety observer.”
The NP and MA Coogan Partnership was earlier prosecuted by WorkSafe, which said Clear died because the business failed to take proper care to ensure his safety.
The partnership, but not the individuals who comprised it, was convicted and fined $25,000. It was also ordered to pay $100,000 in emotional harm payments to Clear’s family, and $7500 in prosecution costs.
Irishman in NZ for seasonal work
Coroner Wilton said Clear came to New Zealand in October 2022 to do seasonal work, obtained employment with Coogan’s and lived in Taumarunui with friends.
On February 17, 2023, he was harvesting silage on Taurewa Station when the tractor and mower unit he was driving became stuck in mud.
This was just after Cyclone Gabrielle, and Taurewa Station’s paddocks were unusually wet.
An excavator was brought in to help retrieve the equipment, and Clear was touching the mower unit when the excavator boom to which it was chained made contact with the power lines, which were just over 7m above the ground.
Clear died at the scene despite attempts to revive him.
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Justice Jonathan Krebs said at the time of the WorkSafe prosecution that Clear was a “fine young man with a promising future ahead of him”.
“He was loved by all and his premature death has left a deep sense of loss in all who knew him,” Justice Krebs said.
Clear’s family provided statements to the High Court in which they expressed disbelief at what had happened, and pain about simple steps not being taken that could have averted the accident.
“For instance, having a third person observe from a distance to make sure that nothing untoward occurred would have been a simple step, and one which almost certainly would have alerted the excavator operator to the risk that the machine’s arm was moving close to the powerlines,” Justice Krebs said.
Coroner Wilton recommended that Coogan’s update its written hazard policy to take account of electrical safety regulations.
He said the partnership should develop an induction policy to ensure all new workers were aware of all the operating risks, and were trained in mitigation practices. He said existing workers should receive this too.
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The coroner said a risk assessment and mitigation planning should be undertaken before starting at each site, even if work had been done there before.
A principal of the partnership, Pat Coogan, told NZME the recommendations had already been implemented.
He declined to make further comment.
Coogan’s had no prior health and safety convictions.
After Clear’s death, the partnership paid nearly $30,000 for his co-workers to travel to Ireland for his memorial service.
The coroner said that a warning notice was displayed in the excavator cab showing a picture of a boom making contact with overhead lines, and a person being shocked.
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Although worn, it was able to be read by the operator.
Ric Stevens spent many years working for the former New Zealand Press Association news agency, including as a political reporter at Parliament, before holding senior positions at various daily newspapers. He joined NZME’s Open Justice team in 2022 and is based in Hawke’s Bay.