Subbies deserve safety at work too

A forestry subcontractor was failed by poor risk management from the two businesses above him, both of which have been sentenced for their inaction.

39-year-old Misha Tremel was killed while manually felling trees on a small block at Clevedon in June 2022. The qualified tree feller had been brought in by Turoa Logging Limited, which was harvesting 7,800 tonnes of pine on behalf of the forest managers Pulley Contracting Limited.

The trees being manually cut by Mr Tremel were windthrown, meaning they had been bent and damaged by wind. WorkSafe and the forestry industry strongly recommend that such trees are harvested using machines.

WorkSafe’s investigation found Turoa Logging had not properly reassessed its harvesting plan after nearby trees were cut by machinery and had not ensured safe felling practices were followed. Pulley Contracting did not do enough to identify the ongoing risks to workers and should have been auditing Turoa Logging more thoroughly.

“Businesses must manage their risks and cannot contract their way out of responsibility. Contractors on smaller sites like this are owed the same level of care as those in large-scale operations,” says WorkSafe’s area investigation manager, Paul West.

Mr Tremel was a much-loved husband and father who was originally from Ukraine. His death continues to be a shattering loss for his young family to process.

“Businesses must consult, cooperate and coordinate as part of a contracting chain. WorkSafe recommends health and safety is always built into contract management,” says Paul West.

Forestry had the highest fatality rate of any sector in 2024, with 16.58 deaths per 100,000 workers. Under its new strategy, WorkSafe is turning about 15 percent of its targeted frontline activity to the forestry sector because of the high rate of harm, particularly for Maōri.

WorkSafe’s role is to influence businesses to meet their responsibilities and keep people healthy and safe. When they do not, we will take action.

Background

Turoa Logging Limited and Pulley Contracting Limited were sentenced at Manukau District Court on 4 March 2025.
Both companies were ordered to pay a combined total of $335,680 in fines and reparation
Both companies were charged under sections 36(1)(a), 48(1) and (2)(c) of the Health and Safety at Work Act 2015:
- Being a PCBU having a duty to ensure, so far as is reasonably practicable, the health and safety of workers who work for the PCBU, while the workers were at work in the business or undertaking, did fail to comply with that duty, and that failure exposed workers to a risk of death or serious injury.
The maximum penalty is a fine not exceeding $1.5 million.