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Christel Yardley / Stuff
Whanau comes to marae for the anniversary of the Whakaari White Island tragedy on December 9.
The government has ordered an independent review of WorkSafe’s oversight of the Whakaari White Island tours following the eruption that killed 22 people.
The Minister for Safety and Workplace Relations, Michael Wood, made the announcement on Friday when he launched the first stage of a specific review of the adventure activity regulations that identify serious gaps in the WorkSafe enforcement regime.
Wood said the government was committed to strengthening regulatory oversight and auditing processes in the wake of the Whakaari White Island tragedy, with further changes to be made next year after public consultation.
The Ministry of Business Innovation and Employment (MBIE) has appointed David Laurenson QC to conduct the independent review of WorkSafe performance ahead of the fatal eruption that trapped 47 visitors and guides at the active volcano on December 9 last year.
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An independent review by WorkSafe will cover a five-year period from the time the new adventure activity regulations were introduced until the Whakaari White Island eruption last year. It will be directed by David Laurenson QC.
“The review will assess the appropriateness and appropriateness of WorkSafe’s actions in relation to Whakaari White Island and whether further action should have been taken.
“It will also identify whether any changes to WorkSafe systems, processes, and practices are necessary or desirable,” Wood said.
Laurenson is expected to deliver his report in May.
You will review WorkSafe records related to Whakaari White Island and, if necessary, interview relevant WorkSafe personnel, as well as union, business and tourism industry representatives.
However, WorkSafe’s health and safety investigation into the eruption and its decision to prosecute 13 parties would be outside the scope of the review to avoid impairing prosecution or the parties’ right to a fair trial.
BROOK SABIN
White Island Tours clients at Whaakari White Island in February 2019. The tour company was on the adventure activity log and had passed all relevant audits prior to the December 2019 eruption, which resulted in 22 deaths and serious burns in the survivors. It is one of 13 parties prosecuted under health and safety regulations.
Wood said that excluding the Whakaari victims, there have been eight adventure-related deaths since the regulations went into effect in 2014, compared with 31 deaths between 2004 and 2009, and that was during a decade in which tourism grew 55 percent.
“The review shows that the adventure activities regulatory regime is working reasonably well, but has identified areas that could be strengthened.”
The 27-page review said that WorkSafe had prioritized other sectors with high work-related damage and needed to take a greater leadership role in helping operators better identify and manage risks from natural hazards.
Rafting on the Tongariro River
Rafting was included in WorkSafe’s adventure activities regulations in October after being previously regulated by Maritime NZ. There are up to 330 registered operators offering more than 60 different adventure activities that require regular safety audits by certified auditors.
Changes were also needed in security auditing standards and the system for certifying auditors.
Members of the adventure industry interviewed for the review said that WorkSafe had little direct oversight of operator performance, relied heavily on auditors to identify safety issues, and there was a general lack of compliance.
They said Worksafe did not appear to actively review the audit findings and, at times, did not investigate complaints submitted by certification bodies.
There were claims that front-line personnel could face pressure from customers and companies to continue operating in potentially dangerous conditions, and the regulatory regime should help develop clear guidelines on the conditions under which operations must change or cease.
Operators often had difficulty getting a clear answer on whether their operations were classified as “adventure activities”, there was insufficient guidance from WorkSafe, and too much confidence in the operator’s interpretation of the rules.
The helicopter / Instagram page
A helicopter in ruins covered in ash after the volcano erupted on the White Island on December 9, 2019. Several helicopter operators conducting ground tours had been involved in lengthy negotiations with WorkSafe about their need to be on the activity log. of adventure.
There were also problems with the definition of adventure activities that had to be in the Worksafe registry, and the regulations did not cover a number with similar risks.
Some operators reportedly redesigned their activities, thus falling outside the definition of “adventure activity,” for example, relocating activities to patrolled ski areas to avoid the additional scrutiny of an adventure activity audit.
Another concern with the audit system was that desk reviews did not provide the same level of security as on-site visits, and spot checks would help ensure that operators did not allow standards to slip between visits.
The use of templates for security management plans also fostered a “conventional” approach to security that did not adequately assess risks.
Between June and September of this year, WorkSafe conducted an “internal health check” independent of MBIE’s review.
It has moved to close gaps in the regulatory system through measures such as improving record keeping and reviewing the certification and auditing scheme.
