Company convicted for hole collapse death

30 August 2006

An earthmoving company has been convicted and fined in relation to the death of Auckland directional driller Brae Eagle two years ago.

Mr Eagle died on 29 July 2004 after a hole he had hired Eban Norman Earthmovers Ltd to excavate for him collapsed in the driveway of a house in Mission Bay. He was searching for a boring tool that had been lost underground two weeks earlier.

The earthmoving company had excavated the hole to a depth of around 4.5 metres, and Mr Eagle was inside it when one side of the un-shored excavation collapsed and buried him under tonnes of wet clay. His body was not able to be recovered for many hours because of the risks to rescue workers.

The Department of Labour investigated the fatality and found the company Mr Eagle had hired to excavate the hole had endangered his life. Eban Norman Earthmovers Ltd was convicted of one charge under the Health and Safety in Employment Act for failing to ensure Mr Eagle’s safety, and was today fined $12,500.

The company had continued to excavate the hole for Mr Eagle to search for his boring tool, even though no means were available to prevent it collapsing while he was in it.

“The company director and digger operator both knew the victim was risking his life by entering the unsupported hole between periods of excavation, but they continued to make the hole deeper,” national health and safety operations manager Mike Cosman said.

“The company had clear policies about carrying out excavation work in a safe manner, but these safety rules were not adhered to on the day Brae Eagle died.

“While Eban Norman Earthmovers Ltd had no control over Mr Eagle’s actions, it did have control over the digger and the digger operator, therefore it had a duty of care to ensure its employee’s actions or inactions didn’t harm anyone. The company clearly failed in this duty of care.”

Mr Cosman said the key thing to take away from this tragedy is that safety at work is everyone's responsibility.

“Whoever you are - whether you're working for yourself or for someone else - the message is that you can not ignore obviously dangerous practices in the workplace. You either have to take steps to eliminate the hazard, alert the appropriate people of the risks, and - if necessary - to stop the work until it’s put right.

“Sadly in this case, Mr Eagle was so fixated on trying to retrieve his drill that he was prepared to put his own safety in jeopardy. That risky behaviour did not provide reason for Eban Norman Earthmovers Ltd to continue to assist him, and increase the risk of injury in the process."

To the journalist: please note that health and safety services formerly referred to as Occupational Safety and Health (OSH) should now be referred to as the Department of Labour.