The Incident
In October 2023, a KiwiRail worker fell ten metres while installing a Oclyte telecommunications pole in Whanganui. He suffered fractured ribs and vertebrae, internal bleeding, a punctured lung, and blood clots requiring surgery. Despite the severity, he has made a remarkable recovery — but the consequences for KiwiRail were significant.
WorkSafe prosecuted the company, resulting in a fine of $220,000 and reparations of $28,500. The case is now a reference point for any organisation introducing new equipment or infrastructure into an active worksite.
What Went Wrong
The Oclyte pole was a new product type for KiwiRail. The problem was that existing procedures for climbing and installing poles were never updated to account for the differences in design. Specific failures included:
- No risk assessments developed for the new pole type
- Workers not trained for the specific complexities of working at height on the new design
- The fall-arrest system was not deployed
- Climbing pegs on the pole were installed incorrectly
WorkSafe’s Nigel Formosa summed it up clearly: “When you introduce new infrastructure, you can’t assume existing procedures will be adequate.” That sentence should be printed and pinned in every site office.
The Hierarchy of Controls
New Zealand’s Health and Safety at Work Act 2015 requires duty holders to eliminate risks so far as is reasonably practicable. Where elimination isn’t possible, controls must be applied in order of effectiveness. For work at height, that means:
- Can the work be done from the ground or from a platform rather than by climbing?
- If climbing is unavoidable, have engineering controls been applied — correct anchor points, inspected pegs, tested equipment?
- Is fall-arrest equipment selected, fitted correctly, and actually deployed before the worker leaves the ground?
Fall-arrest systems are the last line of defence, not the first. Relying on PPE to carry the weight of a risk-management plan that hasn’t been properly constructed is a common failure pattern in serious harm incidents.
The Broader Lesson for Contractors
This case is especially relevant for trades and contracting businesses that regularly work with evolving products and systems — new cladding profiles, updated scaffold components, revised electrical fittings. Every time a new product enters your work practice, there is an obligation to review whether existing procedures remain adequate.
The review doesn’t need to be elaborate, but it does need to happen, be documented, and be communicated to the workers who will carry out the task. A five-minute toolbox talk on a new piece of equipment is not a substitute for a properly reviewed procedure — but it is better than nothing, and in the absence of a formal update, it may demonstrate a genuine attempt to manage risk.
WorkSafe has indicated it will continue to treat work-at-height incidents seriously. The regulator has the tools to investigate, prosecute, and disqualify. Making sure your procedures keep pace with your equipment is not just good practice — it is a legal requirement.
