By JASON COLLIE
A $4000 fine for a safety breach which happened when three workmen died has been called pathetic by the mother of one of the victims.
Lynne Skeen spoke out after Stargate Services Ltd, which maintains central Auckland's sewer system for Metrowater, admitted failing to take all practicable steps to ensure her son Darren was not harmed as he cleaned sewer lines with two colleagues at the corner of Fanshawe and Halsey Sts on Waitangi Day last year.
Mr Skeen, Ken Karu and Eddie Rehia died when they were overcome by hydrogen sulphide gas in a manhole.
The safety breach did not cause the deaths, but outside the Auckland District Court yesterday Mrs Skeen said the fine did not reflect the seriousness of the accident.
Mr Karu was the site supervisor for Stargate, while Mr Skeen, aged 19, and Mr Rehia worked for sub-contractor Aquatech New Zealand, which flushed out the sewer lines for the company.
Judge Barbara Morris was told that while Stargate had health and safety policies in place, it did not ensure Mr Skeen knew them.
This included only entering a confined space with equipment to test oxygen levels and on a harness connected to a tripod.
Mrs Shona Carr, prosecuting for the Department of Labour, said the three were not supposed to work underground. However Mr Rehia went into the manhole after a blockage was discovered. Mr Karu went to help but when he also got into trouble, Mr Skeen followed in a vain attempt to save both men.
Mrs Carr said the Occupational Safety and Health service accepted that Stargate's failure to ensure Mr Skeen knew the procedures did not actually cause his death but was a breach of safety legislation.
It withdrew other charges relating to Mr Karu and Mr Rehia.
Stargate lawyer Ron Mansfield said the company told its sub-contractors to have sufficient health and safety schemes in place.
It also audited them, as did Metrowater, but would now set up an induction programme for the employees of other companies, he said.
Judge Morris paid tribute to Mr Skeen's attempt to rescue Mr Karu and Mr Rehia.
"This court can only admire his bravery and lament his loss," she said.
"I acknowledge Mrs Skeen's suffering and her family's suffering but am mindful that this company must not be sentenced [as if] it caused his death."
Aquatech was fined $30,000 in March after admitting three safety breaches.
Metrowater denies three charges of failing to take all practicable steps to prevent employees of a sub-contractor suffering harm and a trial is due to start on Monday.
Stargate fined $4000 for safety breach
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