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The fiancee of a man who lost both arms after a scaffolding company failed to ensure his safety says the pain and uncertainty her children now face has broken her.
Speaking at the employer’s sentencing in the Waitākere District Court, Santana Tierney said she had watched her partner Jahden Nelson endure, “unimaginable physical and emotional pain”, and sat at his bedside wondering if he would live or die.
His employer, CPA 2022 Ltd, was today ordered to make emotional harm and consequential loss payments by Judge Maria Pecotic, however the amount ordered was suppressed.
Because the company would be unable to pay a fine, she said it was not in the interest of justice to impose a financial penalty.
Prosecutor Sam Cossey said that imposing a fine, even if there was no ability to pay it, would have shown the impact of the offending.
The defence argued the company was not in a position to pay any fine but had agreed to paying the emotional harm cost put forward by the prosecution.
Nelson, a West Auckland scaffolder, had both arms amputated after suffering an electric shock during a workplace accident while contracting in April last year.
CPA 2022 Ltd was charged by WorkSafe under the Health and Safety at Work Act in April this year. The company’s sole director is Claire Attard, who was excused from attending today’s sentencing and was not in court.
The charge carries a maximum fine of $1.5 million.
Reading the summary of facts, Judge Pecotic said although the scaffolders who installed the scaffolding had been briefed about the Close Approach Consent, those who took it down were not and that the defendant had failed to comply with its duty.
Tierney said it had been incredibly difficult to find the right words to express the impact of the accident and reliving the memories for her victim impact statement had been distressing and overwhelming.
Jahden Nelson (right), pictured with his partner Santana Tierney (left) and their three children. Photo / Supplied
Through tears she spoke of the night of the incident, where she held her children tight while they lay unaware of the devastating reality of what happened to their father.
“It broke me to think of the pain and uncertainty that awaited us.”
She said Nelson was now unable to cuddle or comfort the children when they were sick, crying or hurt.
“My children are limited to a lifestyle they should never have been exposed to,” she said.
In his victim impact statement, read by a family member, Nelson said he longed to be part of moments many parents took for granted.
Nelson said it broke his heart that his family also suffered the consequences of his accident.
Scaffolder Jahden Nelson was electrocuted in a worksite accident in Massey. Photo / Toni Paikea
He wrote of the financial burden the accident had caused and said it would be difficult to offer his children better opportunities due to their limited finances.
Nelson spent months in Middlemore Hospital’s burns unit and underwent dozens of operations after a metal pole he was holding touched high-voltage overhead lines on a Massey worksite in April 2022 while contracting for Supercity Scaffolding, sending a heavy electric current through his body.
He suffered a heart attack, internal injuries and burns to 25-35 per cent of his body.
Due to his injuries, he lost both arms, was only fully discharged from hospital this year and faces years of rehabilitation.
“They gave me motivation,” Nelson said of his family last year while recovering from his injuries.
“I guess they were the reason that I’m still here. They kind of pushed me through this.”
The experienced scaffolder said he thought the power lines had been disconnected to safeguard workers and was stunned to learn he and his colleagues had been exposed to live wires.
“I assumed they would have been turned off,” Nelson said previously.
Tierney told the Herald in her opinion the court’s decision not to impose a fine on the company did not provide sufficient sanction, given the seriousness of Nelson’s injuries.
“I think we deserved better but no amount of money could fix what we’ve been through and are still going through, but we’re glad it’s over and we just want to keep moving forward.”
Te Atatū MP Phil Twyford said justice had been done today.
“I hope it gives Jahden and his partner Santana and their family a little bit of closure, or at least progress. They deserve it after two years of hell.
“As the victim impact statements were read I don’t think there was a dry eye in the court. It was crystal clear the failure of the employer to follow basic health and safety practice caused this young family unspeakable pain and hardship.
“Let it be yet another reminder this country allows far too many people to be killed or maimed at work.”
WorkSafe said the electric shock was preventable, and although the site had been given a Close Approach Consent, which is needed to work near overhead powerlines, none of the four men taking down the scaffolding had been involved in that initial briefing.
Area investigation manager Paul West said for a seemingly simple communication breakdown to have such far-reaching consequences, it was horrendous.
“Jahden was a young man who went to work fit and healthy, and now has an ongoing struggle to adjust to a fundamentally different way of life. His attitude, bravery, and determination to keep going is a testament to his strength of character.
“Anyone working in or around electricity, especially high voltage lines, needs to be aware of the specific requirements that come with Close Approach Consents. Lines companies can assist with the consent process if needed.”
Katie Harris is an Auckland-based journalist who covers social issues including sexual assault, workplace misconduct, crime and justice. She joined the Herald in 2020.
