11 Jun 2023

Council ends unsafe tree planting and spraying after concerns

6:23 pm on 11 June 2023

Canterbury Regional Council has finally restarted willow tree planting and chemical spraying, six months after a complaint was made about its safety practices.

On 16 January, WorkSafe received a complaint alleging council staff were using unsafe practices during both activities.

Two months later, WorkSafe notified the council via a phone call on 17 March.

It emailed the extensive allegations through five days later.

"We have been advised the beds of some utility vehicles (utes) have been modified to fit spraying equipment and a seat that allows staff to sit in the back of the vehicle while it is moving and operate the spraying equipment," the email said.

"We have been advised that the utes are not legally certified to be used in this way and that they lack a roll-cage to protect workers seated in the back if the vehicle was to roll."

It was alleged the spraying "sometimes took place in high speed zones with the vehicle's wheels often partially on the road, and sometimes against the flow of traffic."

Council staff had also reportedly been seen spraying chemicals glyphosate and triclopyr without adequate PPE and a council agri-chemical storage depot was thought to be operating dangerously.

"We understand that chemicals may be stored in unsafe manners and in unsafe volumes," WorkSafe said.

The complaint also spoke of perceived bad practice when council staff were planting willow trees.

"We have been advised that contractors use an excavator to dig a hole that is then filled in by the excavator, while workers from [the council] hold a willow pole in the hole," WorkSafe said.

"During the willow planting process [council workers] are often in a blind spot caused by the excavator's bucket and boom."

The council planted the trees from approximately May to September as part of flood protection and erosion plans, because willow trees can stabilise riverbanks and slow down flood waters.

Willow poles prepared for planting.

The willow tree planting process was criticised. Photo: Supplied/Environment Canterbury

Council's response

The council issued a region wide stop-work notice two days later on 24 March, in response to the email.

Chief executive Stefanie Rixecker said the notice took immediate effect and included using any vehicles that had been modified in a way that may affect its road worthiness; all chemical spraying; all work on public roadsides; and the planting of willow poles.

Chemical spraying restarted two weeks later on 6 April, after the council sent out a chemical safety alert and had staff briefed on correct spraying procedure.

On 21 April, most remaining notices were lifted following another safety alert being issued on traffic management and roadside work.

Willow tree planting remained suspended.

Nearly a month later, on 11 May, the council formally responded to WorkSafe.

Health, safety and wellbeing manager Lisa van der Plas said following a review of the allegations raised, "We are satisfied [the council] has the appropriate processes/procedures and subsequent actions in place [sic]."

The council had removed all chemical spray units from the back of all utes and had issued staff with the correct PPE and chemical safety training, she said.

"A monitoring programme will be in place to ensure safe work practices are followed prior to the commencement of the next spraying season [approximately October to April, depending on weather patterns]."

Spraying from vehicles would not recommence until a working group review was completed, the email said.

"A location compliance certificate is not required for the agri-chemical storage facility. The storage of flammable goods does however require a location compliance certification and this is nearing completion.

"We are confident that this site and training undertaken meet the requirements of the regulations," van der Plas said.

The council confirmed willow planting had restarted this month, following a review of the Standard Operating Procedure (SOP) for planting.

"Planting did not commence until this was complete and all workers and contractors were trained on the updated version," she said.

The council did not detail how the SOP had been changed to make conditions safer for staff.

WorkSafe said, "The council treated the concerns seriously from the outset, and took immediate steps to eliminate any further risk by imposing a stop-work notice."

It said this outcome was "a credit to the involvement of WorkSafe's authorised officer, who was able to help the council self-manage its risks without the need for a formal investigation or enforcement measures."

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