IMAX investigation

Thursday 15 March 2001

The death of an Auckland teenager after falling from a safety barrier at a local building has prompted the Occupational Safety and Health Service (OSH) of the Department of Labour to seek a ruling as to whether the building met building regulations.

OSH has asked the Building Industry Authority (BIA) for a determination on whether the building complied with the Building Code at the time of the accident.

OSH has also asked the BIA to review the safety barriers in high-rise buildings that may present the opportunity to be used for sitting upon.

Danial Gardner died on 22 September 2000 after he sat on a safety barrier around an interior balcony at Auckland's IMAX entertainment centre and lost his balance causing him to fall backwards approximately 30 metres. He died of multiple injuries shortly after.

OSH spokesperson Auckland region service manager John Forrest said OSH had investigated the circumstances surrounding Danial's death. He said there is no evidence of alcohol, drugs or tomfoolery being factors in the accident.

OSH would not be taking a prosecution over this case.

Mr Forrest said two Acts of Parliament applied to this situation.

The Health and Safety in Employment Act (which is administered by OSH) requires all building owners or those who have a duty under the Act to take all practicable steps to protect people in the workplace.

The other is the Building Act.

The Building Code made under this Act sets out legal requirements for buildings including requirements relating to safety from falling. The Building Code requires barriers to be of an appropriate height, but does not specify a particular height or method of construction.

Territorial local authorities are responsible for ensuring that buildings comply with the Building Code. The Auckland City Council issued the final code compliance certificate for the IMAX building. This compliance certificate includes certification of safety barriers.

Because the building had been certified as complying with the Building Code (which includes achieving safety performance criteria) the building owner and cinema operator could reasonably argue that they had taken "all practicable steps" to ensure safety in terms of the HSE Act.

Mr Forrest said the OSH investigation did not establish any evidence to suggest that the building owner, cinema operator or Auckland City Council were aware that the safety barrier posed a hazard prior to Danial's death. They had not made any observations of, or received any complaints or concerns about people sitting on the safety barrier.

Mr Forrest said the owners of the IMAX building had taken subsequent remedial action to raise the height of safety barrier to prevent similar accidents occurring.

However, OSH was still very concerned over the safety of barriers in other high rise buildings, which could, like the barrier at the IMAX centre, offer the opportunity to be used for sitting on.

Mr Forrest said that the tragedy of Danial's death was that it was not foreseen that the safety barrier would present a place to sit for someone so inclined and able to pull themselves up, despite the immediate proximity to a very high drop.

The ledge from which Danial fell is 780mm from the floor. The ledge measured 430mm wide. Above the ledge and inset 50mm from the front of the ledge was a steel tubular rail. This rail measured 940-960mm from the floor (depending on whether the floor covering is included).

On the other side of the ledge was a drop of approximately 30 metres into a bookstore below.

"The rail was obviously intended to stop people sitting on the ledge. On this occasion it didn't.

"This is why we asked the BIA to specifically address the issue of barriers offering the opportunity to sit upon in their current review of the codes governing barriers in high rise buildings. The authority has agreed and has indicated it hopes to complete its review by the end of the year."

Mr Forrest said he understand the distress this accident has caused the family and OSH believed a review of the safety barriers was the most constructive action it could take to ensure no other family suffered a similar tragedy.

"We understand the distress this accident has caused the Gardner family and we want to ensure no other family has to go through a similar experience."

OSH has also asked the BIA for a determination as to whether the barrier did comply with the requirements of the Building Code.

Mr Forrest said, if the BIA determination is that the barrier complies with the Building Code, then this would add support to OSH's recommendation that the relevant provisions of the Building Code require amendment.

In the light of its investigation, OSH urges building owners and, in particular, entertainment and leisure centre operators where people congregate, to review their premises and check to see whether people are using safety barriers to sit upon with the resultant risk of a fall.

OSH is also contacting Local Government NZ; specialist building magazines and the Institute of Architects to raise the issue before those primarily involved with the design and building of such barriers.

A copy of the OSH inspector's report will be provided to the Coroner for consideration at the inquest into Danial's death.