Armstrong cites at least 13 other cases where there was clear evidence of employer culpability that should have led to a prosecution. In some cases, employers have escaped the attentions of OSH despite repeated fatalities. Three railway workers have died in separate accidents over the last year, but Tranzrail has not been called to account over any of them. OSH itself has been downsized. The inspectorate was reduced some years ago, and is not adequately manned and resourced to inspect the country's worksites.
Most employers know they can go for years without ever seeing a factory inspector.
According to Armstrong's report, lack of resources and skill within the department is one of the chief causes of the failure to prosecute employers. The health and safety legislation only provides minimal protections for workers. Not only do employers count on avoiding prosecutions when their employees are killed, but serious injuries result in token fines. Stuart Jones, a 23 year-old welder slipped, through a gap between the roof and an inadequately secured hoist, from which he was working at the top of the lift shaft. He had bounced off the shaft on the way down, and his fall was softened by a pile of plywood at the bottom.