Kiwirail accused of unsafe working conditions

File photo / Wairarapa Times-Age

Kiwirail has been hauled before the court for allegedly failing to provide safe working conditions for staff and contractors.

Lawyers for the state-owned enterprise will appear at Auckland District Court on Thursday, with the company facing a maximum penalty of $500,000 after it was charged with four offences by Worksafe New Zealand.

The charges come after three incidents between June and August last year.

On June 17, digger driver Paul Anderson was critically injured while working on the Raurimu Spiral near Tongariro National Park.

The father of two, employed by contractor Downer, was hit by a northbound freight train and suffered a serious brain injury as a result.

Kiwirail has not discussed the circumstances of the incident because of the investigation.

Less than two weeks later, another freight train collided with a wood chipper being used by Downer in Carterton.

It was reported that contractors were working on one side of the tracks and were moving the chipper to the other side when it became stuck.

They tried frantically to free it before it was wiped out by a log train travelling south.

Nobody was injured.

Another charge alleged that on August 11, Kiwirail failed to take action to protect Tree Scape Limited contractors, which "was likely to cause serious harm".

A train between Masterton and Featherston had to make an emergency stop to avoid hitting a digger and its driver, who were on the tracks working on the rail bridge over the Tauherenikau River

The overnight freight train was travelling north and stopped about 150 metres from where the digger was, Kiwirail said at the time.

Two of the charges before the court carry a maximum penalty of $250,000, while the others could result in a $500,000 fine.