NZ: Tree feller fined for cutting corners and endangering motorists and workers
A business owner who put motorists at risk when felling trees has been sentenced in court for failing industry safety standards.
The following is an abridgement of an article originally published on the WorkSafe New Zealand website.
Dangerous tree felling on highway
The operator of a logging company in New Zealand, was convicted in the Nelson District Court on the 23rd January 2024 with a maximum penalty of $1.5 million. The operator was found guilty for failing to ensure the health and safety of other persons while carrying out tree felling in Takaka Hill. He felled trees very close to the road with no traffic management or warning signs, putting motorists and workers at risk. Additionally, workers on site were found to not have relevant qualifications. Poor felling techniques were also used that increased the chance of ‘barberchairing’, a situation where a tree splits vertically and breaks away. WorkSafe Regional Manager Juliet Bruce says,
“The way work was done with no warning signage or traffic management put people at great risk, including innocent bystanders driving along the road."
“There were steps [the operator] should have taken, including not felling trees within two lengths of a public road, putting in place temporary traffic management controls with authorisation of the Road Controlling Authority and ensuring all workers were adequately trained. He was also required to notify WorkSafe before he began tree felling.”
WorkSafe’s investigation and enforcement
WorkSafe was alerted by an experienced tree feller in August 2021 and opened an investigation. An independent forestry expert found that operators work was well below industry standards and posed a serious risk to all in the area.
WorkSafe issued the operator with four Prohibition Notices and 28 Improvement Notices since 2013 for various breaches of health and safety regulations: unsafe tree felling, failing to notify of tree felling work, inadequate qualifications of workers and an insufficient health and safety system. The operator was also convicted in 1998 for failing to ensure the safety of an employee.
Sentencing and tree felling safety information
In sentencing, a a fine of $56,000 was imposed, with Judge Jo Rielly commenting that he was critical of the offender's ‘dismissive attitude’.
WorkSafe has several pieces of guidance on its website related to tree felling:
- Approved Code of Practice for Safety and Health in Forestry Operations
- Treefelling Best Practice Guide
- Managing a Safe and Healthy Small Forest Harvest (WorkSafe Good Practice Guidelines)
Sources
No place for corner cutting when felling trees by WorkSafe New Zealand, 29th January, 2024.
