WorkSafe issues warning following ‘preventable’ fall

WorkSafe is cautioning all businesses that work at height to review their safety systems, following sentencing for a fall that nearly killed a KiwiRail employee 

The man fell 10m while installing a telecommunications pole in Whanganui in October 2023. He suffered a torn artery, a torn liver, a broken sternum, a punctured left lung, nine fractured vertebrae, and five fractured ribs. He later developed blood clots in his legs which required surgery to remove. 

WorkSafe’s investigation identified fundamental failures in how KiwiRail managed the introduction of the telecommunications pole. The Oclyte pole was a new design for KiwiRail, and different from the wooden poles workers had previously used.  

Despite this significant change, there was no detailed specific risk assessment conducted, no dedicated procedures were developed, and workers lacked training in risk assessment for complex work at height. 

“When you introduce new infrastructure, you can’t assume existing procedures will be adequate. Businesses need to step back, conduct a full risk assessment, and consider the changes required,” says WorkSafe’s central regional manager, Nigel Formosa. 

The investigation found a fall arrest system was installed but not in use at the time and climbing pegs on the pole had been incorrectly installed. KiwiRail did also not provide safer methods, such as a mobile elevated work platform, for the job. 

“Businesses must first ask whether the job can somehow be done from ground level. If you can’t eliminate the need to work at height, consider using an elevated work platform or scaffolding. Fall arrest systems should be the last line of defence – not the first option,” says Nigel Formosa. 

Part of a wider issue 

Falls from height remain one of the leading causes of workplace death and serious injury in Aotearoa, yet they are entirely preventable with proper planning. 

WorkSafe’s role is to ensure businesses and workers meet their health and safety responsibilities and hold them to account when they don’t. State-owned enterprises are no exception. 

The man’s remarkable recovery took 10 months, and he has since returned to work. 

WorkSafe is New Zealand’s primary work health and safety regulator. To keep yourself and your crew safe, read  WorkSafe’s guidance on working at height. 

Proposed rule changes for working at height 

In August 2025, the Government sought industry feedback on changes to scaffolding rules, proposing a risk-based hierarchy of controls for working at height. 

The proposed changes aim to clarify when scaffolding, ladders or harnesses should be used, based on the actual risk involved. The scaffolding certificate of competence categories and associated fees are also under review. 

This follows concerns that formal qualifications do not always reflect a worker’s actual competency, and that practical experience is not always recognised. 

“I believe changes to scaffolding rules should help reduce costs and speed up work for tradies, construction firms, homeowners and anyone else who needs construction, painting, maintenance or other work done at height,” said Workplace Relations and Safety Minister Brooke van Velden. 

HazardCo sceptical 

In response to the proposed changes, HazardCo has warned that relaxing scaffolding rules could significantly undermine progress made in fall prevention. 

HazardCo’s Senior Health and Safety Advisor, Evette McClure, is urging caution, saying that cutting red tape must not come at the expense of worker safety. 

“Easing requirements in the name of reducing red tape might sound appealing, but it won’t protect workers,” she said. 

“Relaxing scaffolding rules in ‘low-risk’ situations could significantly affect the progress made in this space, and caution should be taken in relaxing these rules.”