Government orders review of WorkSafe over Whakaari White Island tours

Friday, 18 December 2020

Whanau arrive at marae for the anniversary of the Whakaari White Island tragedy on December 9.

The Government has ordered an independent review of WorkSafe’s oversight of Whakaari White Island tours following the eruption that killed 22 people.

Workplace Relations and Safety Minister Michael Wood made the announcement on Friday when he released the first stage of a targeted review of adventure activity regulations identifying serious gaps in WorkSafe’s enforcement regime.

Wood said the Government was committed to strengthening regulatory oversight and audit processes in the wake of the Whakaari White Island tragedy, and further changes would be made next year after public consultation.

The Ministry of Business Innovation and Employment (MBIE) has appointed David Laurenson QC to undertake the independent review of WorkSafe’s performance leading up to the fatal eruption which caught 47 visitors and guides on the active volcano on December 9 last year.

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The case is in relation to the 2019 eruption of Whakaari/White Island, which claimed the lives of 22 people.

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White Island Tours customers on Whaakari White Island in February 2019. The tour company was on the adventure activity register and had passed all relevant audits leading up to the December 2019 eruption which resulted in 22 deaths and severe burns to survivors. It is among 13 parties being prosecuted under health and safety regulations.

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“The review will assess the adequacy and appropriateness of WorkSafe’s actions in relation to Whakaari White Island and whether further steps should have been taken.

Rafting came under WorkSafe’s adventure activity regulations in October after previously being regulated by Maritime NZ. There are up to 330 registered operators offering more than 60 different adventure activities which require regular safety audits by certified auditors.

“It will also identify whether any changes to WorkSafe’s systems, processes and practices are necessary or desirable,” Wood said.

Laurenson is expected to deliver his report in May.

He will look at WorkSafe records relating to Whakaari White Island, and if necessary interview relevant WorkSafe staff, as well as union, business and tourism industry representatives.

However, WorkSafe’s health and safety investigation into the eruption and its decision to prosecute 13 parties would be outside the scope of the review to avoid prejudicing the prosecution or the parties’ right to a fair trial.

A ruined helicopter covered in ash after the volcano eruption on White Island on December 9, 2019. Several helicopter operators conducting ground tours had been involved lengthy negotiations with WorkSafe over their need to be on the adventure activity register.

Wood said that excluding the Whakaari victims, there had been eight deaths related to adventure activities since the regulations came into force in 2014, compared with 31 deaths between 2004 and 2009, and that was during a decade where tourism grew 55 per cent.

“The review shows that the adventure activities regulatory regime is performing reasonably well, but has identified areas which could be strengthened.”

The 27-page review said WorkSafe had prioritised other sectors with high work-related harm, and it needed to take a greater leadership role helping operators better identify and manage natural hazard risks.

Changes to safety audit standards and the system for certifying auditors were also needed.

Auditors and industry bodies interviewed for the review said WorkSafe had little direct oversight of how operators were performing, it relied largely on auditors to identify safety issues, and there was a general lack of enforcement.

They said Worksafe did not appear to actively review audit findings, and sometimes failed to investigate complaints forwarded by certifying bodies.

There were claims that front line staff could face pressure from customers and businesses to continue operating in potentially hazardous conditions, and the regulatory regime should help develop clear guidelines about conditions under which operations should change or cease.

Operators often had difficulty getting a clear answer about whether their operations were classed as “adventure activities,” there was insufficient guidance from WorkSafe and too much reliance on the operator’s interpretation of the rules.

There were also problems with the definition of adventure activities required to be on the Worksafe register, and a number with similar risks were not covered by the regulations.

Some operators allegedly redesigned their activities, so they fell outside the “adventure activity” definition, for example, relocating activities to patrolled ski areas to avoid the additional scrutiny of an adventure activity audit.

Another concern with the audit system was that desktop reviews did not provide the same level of assurance as on-site visits, and random checks would help ensure operators did not let standards slip between visits.

Using templates for safety management plans also encouraged a “cookie-cutter” approach to safety that did not properly assess risks.

Between June and September this year, WorkSafe conducted an “internal health check” separate to the MBIE review.

It has moved to close gaps in the regulatory system through measures such as improving record keeping, and reviewing the certification and audit scheme.