Investigation into Raoul Island death complete

13 October 2006

A Department of Labour investigation into the death of a conservation worker on Raoul Island has found there were no additional practicable steps his employer should have taken to prevent his death.

Mark Kearney, a Department of Conservation ranger, was presumed killed after a volcano on the island erupted earlier this year.

Mr Kearney was taking samples from the crater lake on the morning of 17 March, when the volcano suddenly and violently erupted. It’s thought the crater lake rapidly rose 4 metres as a result of the eruption.

The Department of Labour investigated the incident, to determine if there were reasonable steps that DoC and the Institute of Geological and Nuclear Sciences (IGNS), which contracted DoC to carry out scientific monitoring work on Raoul Island, could have taken to anticipate the eruption and protect Mr Kearney from the possible effects.

Acting health and safety team leader for Auckland North John Casey said DoC had a comprehensive safety plan for work activities on the island. It had not specifically identified the risks from an eruption, relying on advice from IGNS about volcanic activity likelihood.

Mr Casey said IGNS scientific data showed that no major volcanic threat existed at the time Mr Kearney was working near the lake.

“There had been some earthquake swarms in the area, but this was thought to be unrelated, and there was no indication of any imminent volcanic activity,” he said.

“This tragic event was not foreseeable, therefore it was unreasonable to expect that DoC should have anticipated the eruption or taken any steps beyond those that were taken.”

Mr Casey said as a result of the incident, the Department had recommended DoC and IGNS improve the safety aspects of scientific monitoring work, and investigate the automated monitoring of high-risk locations.

Background to the Health and Safety in Employment Act

Most of the duties in the HSE Act are qualified by the phrase ‘all practicable steps’. Taking all practicable steps means thinking about the ways someone could be harmed and doing what is reasonably practicable to ensure the safety of that person. Employers have to do what is 'reasonable' in the circumstances. Whether a step is reasonable takes into account:

• how seriously someone could be harmed
• how likely the harm is
• how much is known about how to prevent it, and
• the availability and cost of safeguards.  

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.