Metrowater in dock over men's deaths

Auckland City's water supplier, Metrowater, has gone on trial for failing to take steps to ensure the safety of three subcontracting workers who died last year while attempting to clean a sewer.

Darren Skeen, Ken Karu and Eddie Rehia died on Waitangi Day last year when they were overcome by hydrogen sulphide gas while trying to clean a sewer line on the corner of Fanshawe and Halsey Sts.

Mr Rehia entered a manhole when a blockage was discovered and was subsequently followed by Mr Karu and then Mr Skeen, who both got into trouble during the failed rescue attempts.

Metrowater, which was responsible for Auckland's underground sewer system, has plead not guilty to three charges of failing to take all practicable steps to prevent the men, who worked for Stargate Services and Aquatech New Zealand, from suffering harm.

Department of Labour prosecutor Shona Carr told the Auckland District Court yesterday that Metrowater was not responsible for training the workers but should have ensured that Stargate had instructed them on safety procedures.

"Metrowater should have ensured there was a check on the way down so that, before any worker went on site, they had the appropriate training," Mrs Carr said.

Such training included the hazards involved in entering confined spaces, what safety equipment was needed and what to do in an emergency.

Judge Nicola Mathers was also told that a recently constructed manhole on Fanshawe St had been incomplete. As a result, it had not been suitable for flushing with high-pressure water.

Metrowater should have known what state the manhole was in and should have passed that information on to the subcontracting companies, who could have then decided what the safest method of cleaning would be.

Mrs Carr said that such steps might not have saved the lives of the three men, but Metrowater's failure to take them still breached the Health and Safety Employment Act 1992.

Defence counsel Rhys Harrison, QC, will present Metrowater's case later this week.

Both Stargate, which maintained the sewers on Metrowater's behalf, and Aquatech, which was contracted by Stargate to flush out the sewers, have previously been prosecuted by the Department of Labour.

Aquatech was fined $30,000 in March over the incident, while Stargate received a $4000 fine last Friday.