Molotov cocktails burns incident brings Worksafe into army’s orbit again

CHARGES have been filed against the New Zealand Defence Force in relation to an incident involving Molotov cocktails which left soldiers in hospital with burns.

Two soldiers were rushed to Palmerston North Hospital in August 2020 after an incident at Linton Military Camp.

A St John spokeswoman said at the time the duo had serious and moderate injuries.

They were later transferred to Hutt Hospital, one of five hospitals in the country with a plastic surgery unit for burns patients.

Documents seen by Stuff show WorkSafe has filed charges against the defence force over the incident.

The matter was due to be called in the Palmerston North District Court this month, but was administratively put off until November.

Stuff was not granted access to the summary of facts, a court document detailing the full context of the allegations.

But Stuff was given a copy of a charging document detailing one offence, despite court lists showing the defence force faces two charges.

WorkSafe alleges the defence force, being a ‘‘person conducting a business or undertaking’’ failed to comply with its duty of care for three people involved in ‘‘battle handling exercises’’.

The three people were undertaking training as part of Operation Venom, the document stated.

The defence force allegedly failed the trio in four ways.

Firstly, by failing to provide sufficient flame-retardant personal protective equipment as required by Operation Venom’s risk management plan.

Secondly, by not giving adequate training on the use of shields and throwing of Molotov cocktails.

Thirdly, by not having a sufficient briefing and correct monitoring of people involved in the training.

Finally, by not safely storing and using ‘‘hazardous substances’’ used to make Molotov cocktails as part of the exercises.

The defence force faces a $1.5 million fine as a maximum punishment if it either pleads or is found guilty.

The defence force, shortly after the incident, said it would conduct its own investigation into the incident.

A defence force spokeswoman said on Friday a Court of Inquiry was complete, but the decision would not be released until the WorkSafe proceedings were finished. It had no other comment to make while the WorkSafe matter was before the courts.

The defence force has been under increasing pressure to keep soldiers safe, with concerns going back to a review released in 2013 which found various issues with its safety record.

Thirty-four personnel have died in work-related incidents since 2001, with only seven of those during combat. There were also 54 serious injuries between 2016 and 2020.

WorkSafe has charged the defence force with various alleged and proven health and safety failures.