Transcript of Tamihere sentencing message from Dr Geraint Emrys, the Department of Labour’s chief adviser for Workplace Health and Safety

“This was a preventable industrial accident which killed a fireman and changed the lives of seven others seriously injured in the fire.  It was a tragedy the Department wants to prevent in the future.

“This case was about an attempt to adapt an existing system to enable a new type of refrigerant to be used.  The result was a refrigeration plant that did not, and could not comply with current health and safety requirements.  It emphasises the importance of updating knowledge and skills as industrial environments change.

“The serious penalties imposed by the court should give employers cause to reflect on the importance of ensuring their sites, workers, and others are safe.

“There has been a huge public interest in the outcome of our investigation and the prosecution, and we believe the outcome is a salutary lesson to those with duties under the Health and Safety in Employment Act that they have to take responsibility for what happens in their businesses.

“The prosecution against the director of Icepak should serve as a reminder to officers, agents and the directors of organisations that they can be held personally accountable for the failures of their organisation.

“Mr Grattan was charged with acquiescing in Icepak’s failure in respect of obligations to its employees.  The outcome of the case against Mr Grattan reinforces the requirements of directors to be proactive in health and safety matters.”