A coroner has "urgently" recommended reform of chainsaw regulation in Tasmania, and criticised the lack of action from the government despite his repeated calls for changes.
Coroner Simon Cooper, in findings published on Thursday, said he had investigated eight deaths in five years associated with chainsaw use that were "avoidable in different ways".
The most recent death was Lawrence William Phillips, 62, who died while felling a tree growing too close to a powerline on a friend's property at Winkleigh, north-west of Launceston, on November 6, 2019.
Mr Cooper said Mr Phillips was electrocuted after he lost control of the tree and the top canopy caught on the live powerline. He said the tree was hanging from the power line when Mr Phillips started to cut through a branch "perhaps with the intention of reducing the weight of the tree on the power line".
"The chainsaw appears to have jammed before Mr Phillips yelled out a warning to [his friend] Mr Simson not to touch him and collapsed to the ground."
Mr Cooper said Mr Phillips's wife and his friend started CPR immediately and paramedics took over when they arrived "in a timely manner", but Mr Phillips could not be revived.
"I very much regret to say that I have concluded that in this instance almost all that could be done wrong by Mr Phillips was done wrong.
"His death was completely avoidable. He used completely inadequate chainsaw techniques to attempt to fell a tree adjacent to a live powerline.
"Having lost control of the tree (due to those poor techniques) he continued to use the chainsaw on a tree he must have known was in direct contact with a live powerline," Mr Cooper said.
"Unfortunately, tree felling accidents involving chainsaws, such as that causing Mr Phillips's death, are frequently encountered by coroners.
"Such incidents are common in Australia and are significantly over-represented in Tasmania, particularly within rural areas."
Mr Cooper published findings in August 2017 into six chainsaw-related deaths.
"I said that the common factors that lead to deaths associated with the use of chainsaws and tree felling are a lack of training, failure to wear protective equipment (PPE), poor tree felling techniques and dangerous chainsaw use practices.
"I consider all of those factors (except deficient or absent PPE) contributed to Mr Phillips' death."
In his most recent findings, Mr Cooper repeated the recommendations he made in 2017:
- That all chainsaw operators must undertake approved chainsaw training prior to purchasing or using a chainsaw.
- That all persons selling chainsaws must be accredited chainsaw operators.
- That all chainsaw operators must undergo regular practical reassessment.
- That all landowners be required to ensure that people permitted to use chainsaws on their land be appropriately qualified.
- That no person under the age of 16 years be permitted to own or use a chainsaw in any circumstances.
"I repeated and emphasised those recommendations in two further findings. The recommendations have also been endorsed by Coroner [Olivia] McTaggart," Mr Cooper said.
"Despite this, I am not aware that any agency or body has taken steps to implement any or all of the recommendations.
"In fact, the only response by the executive branch of government of which I am aware is a detailed explanation by the [then] Department of Primary Industries, Parks, Water & Environment as to why it is not responsible for the regulation of chainsaw safety.
"That may be correct, but I must observe that after eight deaths from inappropriate or downright dangerous chainsaw use in five years it is disappointing that the only response has been a lengthy explanation as to why one government department is apparently not responsible to respond to recommendations.
"In the circumstances, I consider that it is necessary to urgently recommend that the appropriate government agency commence immediate steps to ensure regulatory reform is undertaken directed at preventing deaths and injuries arising from the use of chainsaws in the Tasmanian community."
A state government spokesman said: "We are absolutely committed to ensuring the safety and wellbeing of Tasmanians. We will carefully consider the Coroner's findings, as we always do."
