Workers Left in Critical Condition After Being Overcome by Toxic Fumes at Greymouth Landfill Site

A court in Greymouth has ordered two companies to pay a combined $685,000 in fines, reparation, and legal costs after two workers were severely injured by toxic gas exposure at a local landfill site. The incident, which occurred in August 2023, has left the workers with lasting physical and psychological trauma, and the court found that both companies failed to address known safety risks adequately.

Photo: WorkSafe via RNZ

The companies involved were Paul Smith Earthmoving and Taylorville Resource Park Limited. During a sentencing hearing at Greymouth District Court, Judge Jane Farish condemned the companies for their "near-complete failure" to identify and manage the dangers associated with hydrogen sulphide gas at the site. The judge emphasized that the risk of death or serious harm was evident and that the companies should have taken immediate action to protect their workers.

A Dangerous Environment

The incident occurred when two workers were tasked with excavating a pit at the Taylorville Resource Park landfill. However, neither was informed of the toxic gas risk, despite prior warnings from staff and an expert consultant. In fact, the company had been aware of the "rotten egg smell" – a telltale sign of hydrogen sulphide – for months and had even been advised that the site required a comprehensive safety briefing.

Despite this knowledge, the workers were not provided with any protective equipment or gas detectors. One of the men was told the smell was not lethal and that it was "only one sort of gas." This reassurance proved fatal, as the gas levels were far beyond what is considered dangerous. The gas detector used by emergency responders recorded hydrogen sulphide levels peaking at 175ppm, well over the 100ppm threshold deemed life-threatening.

Injuries and Aftermath

During the incident, one worker collapsed unconscious in the pit, suffering from chemical burns to the eyes, seizures, lung inflammation, and an irregular heartbeat. His supervisor, who attempted to rescue him, was also overcome by the fumes. He later described the experience as life-altering, with frequent flashbacks and a sense of impending doom.

"Every night for the first six months after the incident and now once a week I wake up suffering flashbacks thinking I am still in the pit, not being able to breathe, and thinking I am going to die," the supervisor stated in a court-provided statement. The psychological and financial toll of the incident has been profound, with the supervisor losing his job due to a company restructure, further exacerbating his mental health struggles.

The other worker, who had no memory of the incident, expressed deep concern for his colleague’s suffering. WorkSafe’s inspectorate head, Rob Pope, praised the victims for their resilience and stressed that the incident was "both terrifying and completely avoidable" and that the companies had a clear responsibility to manage workplace risks.

Company Response and Sentence

Paul Smith Earthmoving’s lawyer, Chris Macklin, acknowledged the company’s shock and dismay over the incident, calling it an embarrassment for a business that had previously maintained an excellent safety record. Both companies implemented new safety measures, including emergency management plans and health protocols, with Taylorville Resource Park spending $87,000 on these initiatives.

Judge Farish noted that these costs would have been incurred regardless of the incident if the companies had done their jobs properly. She further emphasized that businesses like Taylorville Resource Park, which deal with contaminated waste, inherently face higher risks and must be prepared to invest in safety to protect their workers.

The final sentence required Taylorville Resource Park to pay a fine of $302,500 and Paul Smith Earthmoving to pay $272,250. In addition, the companies were ordered to pay $81,256 in reparation to the victims, with $53,256 going to the supervisor and $28,000 to the other worker. Both were also required to contribute a total of $29,210 to WorkSafe for its legal and investigation costs.

A Call for Accountability

This case underscores the importance of workplace safety and the consequences of neglecting it. WorkSafe has made it clear that it will hold companies accountable for avoidable incidents, and the fines imposed on these two businesses serve as a clear warning to others in similar industries.

As one of the victims said, "This incident has taken away my life. All my goals and aspirations can no longer be achieved." His words serve as a powerful reminder of the human cost of corporate negligence and the need for vigilance in ensuring that every worker returns home safely at the end of the day.