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On March 22 last year, a month before Jahden Nelson lost both his arms in a horror scaffolding accident, a crew of his colleagues were taken through safety briefings and a Close Approach Consent process at a Massey building site.
Workers were briefed on the role of a safety observer to ensure minimum distances from powerlines, that the lines were 33,000 volts, not insulated and must be treated as live at all times, and that only workers named on the Close Approach Consent were allowed to work on the consented area.
They were also told no work was to be undertaken in certain weather conditions, including high wind, mist and bright sun, and workers were to carry scaffolding tube below shoulder height.
Auckland scaffolder Jahden Nelson lost both arms after a workplace accident in April 2022. He is now learning to adjust to prosthetic limbs. Photo / Supplied
But neither Nelson, nor the rest of team who helped dismantle the scaffolding, had been there that day.
A summary of facts, provided by the Waitākere District Court, said the four scaffolders had been directed by CPA 2022 Ltd director Claire Attard to undertake the work, and while there was some discussion about site hazards, the Close Approach Consent was not discussed.
Of note, it said the weather was overcast with light mist at the time.
At 8.30 that morning a neighbour heard a “massive loud sound”, the sound of Nelson’s life irreparably changing in ways the young father would later describe as unbearable.
Scaffolder Jahden Nelson was electrocuted in a worksite accident in Massey. Photo / Supplied
Nelson had been standing on the rear corner of the scaffold holding a metal pipe vertically, with the top end making contact with the powerlines above the property.
A fireball then travelled the pipe and Nelson fell on to the platform below.
As a result of the incident Nelson received high-voltage electrical burns to his upper and lower limbs, he will need daily assistance to undertake normal activities for the rest of his life.
Yesterday his former employer was 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.
CPA 2022 Ltd was charged by WorkSafe under the Health and Safety at Work Act in April this year. The charge carried a maximum fine of $1.5 million.
Jahden Nelson in hospital with his children Valley Rose and Kaiser. Photo / Supplied
In his victim impact statement, read by a family member, Nelson said while he does not remember what happened that day, he will never forget the “excruciating” pain.
Nelson’s journey to recovery is filled with sleepless nights, the constant stress of affording his children’s basic needs and unbearable pain.
He worries about his children’s future, saying it would be difficult to provide them with better opportunities due to their limited finances.
Nelson said it broke his heart that his family also suffered the consequences of his accident and he longed to be part of the moments many parents took for granted.
His fiancee, Santana Tierney, said Nelson was unable to pick up, comfort or cuddle their children when they are sick, crying or hurt.
After the accident she made the difficult decision to dedicate her attention to his recovery and left their children in the care of her parents for 10 months.
Now back with their children, she said her 4-year-old daughter was constantly asking if Nelson was okay and helps change her younger brothers’ nappies.
“There is no doubt the emotional toll on our children has been severe.”
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, “My children are limited to a lifestyle they should never have been exposed to.”
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.”
Jahden Nelson (right), pictured with his partner Santana Tierney (left) and their three children. Photo / Supplied
WorkSafe attended the site on the day of the incident and began an investigation.
Alongside various health and safety documents provided by the defendant to WorkSafe was a Prestart Safety Plan. The form was not used during either the erection or dismantling, and if it had, WorkSafe said it may have assisted the workers in identifying hazards.
WorkSafe 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.
