Invercargill City Council faces more heat over museum closure

Monday, 28 May 2018

A registered quantity surveyor who wants the Southland Museum and Art Gallery reopened says a  WorkSafe position statement shows the Invercargill City Council and museum trust board acted hastily and inappropriately by withdrawing staff and closing the museum.

However, both the council's chief executive and museum trust chairwoman disagree.

Lindsay Buckingham, a registered quantity surveyor and has worked in the construction and engineering business for four decades, said the WorkSafe statement was conclusive and unequivocal.

It says: 'If you're a person conducting a business or undertaking who owns or occupies a building, and you're meeting the requirements of the Building Act, we are not going to enforce to a higher standard under Health and safety at Work Act [HSWA].'

WorkSafe has also also told Stuff it would would not hold a business to a higher standard than the building code requirements relating to earthquake prone-ness.

This, Buckingham says, shows that Invercargill City Council chief executive Clare Hadley was wrong when she said she would be liable if  the museum collapsed due to an earthquake.

The WorkSafe position statement also says if a building is found to be earthquake-prone, this doesn't necessarily mean it shouldn't be occupied.

'The Building Act provides a period of several years for strengthening or demolition work to be undertaken, it says. 

'While the risk of harm to people in or around an earthquake-prone building is greater than an equivalent new building, this doesn't typically require short-term action.

'WorkSafe expects that you will fulfil your duties under the Building Act when you're addressing the seismic risk,' the WorkSafe position statement says.

Buckingham said WorkSafe had clearly and unequivocally laid out the responsibilities and liabilities under HSWA which were in line with the facts he had outlined to councillors and staff previously.

'Simply put this WorkSafe policy document demonstrates that the whole basis for withdrawing staff and causing the museum trust board to close the Southland Museum and Art Gallery is wrong.'

He called on the council and museum trust board to urgently re-address the basis for making their decision and act in accordance with the law and the guidelines.

'I say urgently because both parties closed [the museum building] within four days of going public, the people of Southland equally deserve a similar time-frame to reverse this mistake in judgement.'

However, Hadley disagreed with Buckingham.

Last week, she said she did not accept she would not be liable if the museum collapsed. 

'The legislation is clear that I am responsible for eliminating risks to health and safety, so far as is reasonably practicable; and if it is not reasonably practicable to eliminate the risks, to minimise them. 

'Guidance from Worksafe also states that 'For risks that have unacceptable outcomes even if they have a low likelihood of occurring, look at credible worst case scenarios''. 

Hadley said she continued to believe she could be liable because guidance from Worksafe was not the law. 

'Those who write the law could alter it, if they intended a different emphasis.' 

On Monday, after the new WorkSafe position statement was put online, she said she stood by her previous response.

'While the Building Act is clear on its requirements, the Health & Safety at Work Act puts the onus on the employer to eliminate or minimise risks to health and safety so far as is reasonably practicable.' 

The position statement from WorkSafe did not remove the potential liability, Hadley said. 

'The safety of people remains at the forefront of our considerations.'  

Museum trust chairwoman Toni Biddle said its  board stood by Hadley's stance.