Horse trainer fined $327k after accident which left teenage employee tetraplegic

[Chief Stipe]

An Auckland horse trainer has been ordered to pay $372,000 after an accident which left his teenage employee tetraplegic.

Stephen John McKee failed to enure the health and safety of a teenage girl he employed as a stable hand in November 2016, a ruling at the Auckland District Court found on Friday.

The woman, believed to be 19-year-old Sophia Malthus, told Stuff in 2017 she had broken her neck in the accident, and lost all sensation below her collarbone

The horse she was riding bolted while they galloped around a practice track, and gathered "more and more" speed before the force threw them off the track.

The horse went through a fence, while Malthus landed on the track.

Malthus had been training as a jockey at the stable, near Ardmore, for six months before the accident, but had never ridden a racing-fit racehorse.

A Work Safe investigation found McKee, who had over 30 years experience in the industry, had not established whether the teenager was competent to ride a race horse.

Head of specialist interventions Simon Humphries said the stable hand's riding ability should have been assessed on more "suitable" horses, and McKee should have been aware of the hazards and risks.

"There was no formal training to monitor, supervise and progress from her stable hand to riding a racehorse.

"This young woman's life has been drastically affected and the incident serves as a reminder to employers that they must always ensure staff are capable of the job at hand."

Malthus previously told Stuff she did not hold a grudge against the horse, which had fully recovered from the accident.

McKee was charged under the Health and Safety at Work Act 2015. He was fined $30,000 and ordered to pay reparations of $110,000 and $262,000 for consequential loss.

[billy connolly]

Preposterous. 

This person wants to become a jockey, how the fark are they supposed to learn to ride without practical experience ???

Regardless of her lack of experience all she had to do was stick with the ship and STEER horse around track until it got tired, it would have eventually called for the free air pump just as they do at the end of a race !

[the galah]

2 hours ago, billy connolly said:

Preposterous. 

This person wants to become a jockey, how the fark are they supposed to learn to ride without practical experience ???

Regardless of her lack of experience all she had to do was stick with the ship and STEER horse around track until it got tired, it would have eventually called for the free air pump just as they do at the end of a race !

That's a tough call to place any blame on the injured girl. The article doesn't give enough detail to make a judgment call like you have.  You are assuming all horses react the same when they bolt and that she had been given instructions as to the strategies of how to deal with a bolting horse.

The case does appear to highlight the need to have some sort of recognized policy/training on how to handle all situations ,and for those concerned to  have been assessed as having demonstrated  a  level of competence which showed they were ready to undertake every new  task.. 

There needs to be record keeping. Have the trainers association already got something in place where they have worked with worksafe to come up with standards which will protect   both employees and trainers should an accident occur?

As you infer,the nature of the job means no matter what safeguards are in place,incidents like this are always a possibility.

Maybe  those iinvolved in this incident should have input in developing future policy which would help lessen the chances of others being injured . 

Edited August 17, 2019 by the galah

[Freda]

A dreadful situation for all concerned .

Two sets of lives irrevocably altered .

Which brings me to one of my hobby-horses, viz. the lack of a properly-run jockey school as exists in many other racing jurisdictions.

The UK and Ireland, South Africa ( the lads from Mauritius attend this ) Malaysia,  Korea even, all have official jockey schools where potential riders are trained and assessed as to their suitability. 

I'm told that even wannabe track riders must attend the school in the UK, they can't just rock up to a yard and announce they can ride.

A very very different system to ours.

When I had apprentices,  I resented strongly the time wasted ( IMO )  reading stuff about poisonous plants, running up and down the staircase of the ( now condemned) grandstand , and being instructed by some pony club chick how to put on a  bandage or load a horse on a float.

Poisonous plants are very unlikely to be present in a modern racing yard - and a kid from the country would likely know more than his instructors anyway...as for bandaging and loading on a float, I'll show my staff how I want it done....which is all irrelevant to the matter of riding racehorses anyway.

Things may have changed since to a degree, but I have seen little to indicate that training is as good as it should  be.

[Freda]

The above was not intended to denigrate the good people who have given their time to help, and have done the best they can under the requirements. 

The system is inadequate IMO.

[Freda]

11 hours ago, billy connolly said:

Preposterous. 

This person wants to become a jockey, how the fark are they supposed to learn to ride without practical experience ???

Regardless of her lack of experience all she had to do was stick with the ship and STEER horse around track until it got tired, it would have eventually called for the free air pump just as they do at the end of a race !

That's unfair....if you had riding experience yourself you should know how hard it is for a non rider to ' stick with the ship'  and ' steer till it got tired' ...ffs...fatigue and fear send logic out the window.

[billy connolly]

4 hours ago, Freda said:

That's unfair....if you had riding experience yourself you should know how hard it is for a non rider

Put yourself in Mckee's shoes, most would say he's been treated unfairly.

Opportunity usually only knocks once in life, he's given someone an opportunity and he's been bitten big time.

The late Ken Browne had plenty of experience, didn't stop him falling victim to a freak accident.

[Chief Stipe]

11 minutes ago, billy connolly said:

Put yourself in Mckee's shoes, most would say he's been treated unfairly.

Opportunity usually only knocks once in life, he's given someone an opportunity and he's been bitten big time.

The late Ken Browne had plenty of experience, didn't stop him falling victim to a freak accident.

It is unfortunately the world we live in now.  Someone has to cop the blame.  I agree that more should be done by the governing bodies to assist trainers in managing the risks.  I also agree with Freda that there needs to be some form of pre-stable entry education.

Surely both these tasks rest with NZTR?  

Did McKee have liability insurance?

[mumbles]

Compare that fine with the fine that Cambridge trainer got for administering a drug into a horse that may have contributed to putting Chris Dell into a coma for 10 days and then he even had his original sentence reduced.

[Rusty]

This is a very sad and unfortunate story for all concerned.

For connections to even enter the stables at Addington raceway they are now required to complete a stabling awareness course held at the racecourse. This is even if they just want to see their horse, not necessarily gear it up or anything. Now compare that, to this...

My friend rocked on up to a training establishment recently and immediately got a job riding trackwork, despite zero work experience with track-work or fast work riding. She was galloping horses round for $10 per mount, a few mornings a week. No induction, and not many, if any questions asked by the employer (trainer).

There is room for some level of increased professionalism amongst some of the trainers (employers) out there, to do their homework, and not just give anybody a job that says they can throw a leg over a horse.

I'm not commenting about this article re: Mr McKee, I don't know all the facts, so I am only commenting about my experiences and that of my mate. 

Unfortunately, these situations will often end in tears. For both parties concerned. 

I wish the young lady concerned in this story all the very best. 

[Freda]

1 hour ago, billy connolly said:

 

The late Ken Browne had plenty of experience, didn't stop him falling victim to a freak accident.

That's very true...but he/Mrs Browne weren't about to hold anyone else culpable.

[Chief Stipe]

5 minutes ago, Freda said:

That's very true...but he/Mrs Browne weren't about to hold anyone else culpable.

Wasn't quite the same rules then.  Now an investigation would take place regardless.  That's part of the reason why we saw a spate of race meeting cancellations.  It would be interesting to see what sort of investigation would take place if a jockey was seriously injured or killed during a race.  Who would be liable?

[Thomass]

14 hours ago, the galah said:

That's a tough call to place any blame on the injured girl. The article doesn't give enough detail to make a judgment call like you have.  You are assuming all horses react the same when they bolt and that she had been given instructions as to the strategies of how to deal with a bolting horse.

The case does appear to highlight the need to have some sort of recognized policy/training on how to handle all situations ,and for those concerned to  have been assessed as having demonstrated  a  level of competence which showed they were ready to undertake every new  task.. 

There needs to be record keeping. Have the trainers association already got something in place where they have worked with worksafe to come up with standards which will protect   both employees and trainers should an accident occur?

As you infer,the nature of the job means no matter what safeguards are in place,incidents like this are always a possibility.

Maybe  those iinvolved in this incident should have input in developing future policy which would help lessen the chances of others being injured . 

This training is well covered in NZ now..NZTR basically copied Racing's Victoria training protocols...

Trainers only have themselves to blame under the new H & S laws we now have..

Simply asking a young person if they've ridden before and accepting their word on how competent they are is asking for it...

Its a tragic situation what's happened but at least the Trainers Association has taken ownership to inform their members on what is now required as a minimum standard...

TRAINING OPTIONS

National Certificate in Equine (Stable Procedures) (Level 3)

With strands in harness racing stable assistant, thoroughbred racing stable assistant and thoroughbred racing track rider

Duration: 17 - 19 months

Suitable for people involved with horses in supervised roles as harness racing stable assistants, thoroughbred racing stable assistants and thoroughbred racing track riders.

At the end of this qualification you will:

• Have knowledge and skills involved with care of the horse and saddlery
• Have knowledge of horse health, ill health, anatomy and conformation
• Be able to prepare for travel, exercise, handling and feeding
• Have knowledge of bringing a horse back into work and letting down
• Have knowledge of procedures used for horse exercise and the skills involved with working safely.

National Certificate in Equine (Breeding) (Level 3)

Duration: 17 - 19 months

Suitable for people with some experience in the equine industry who want to develop the skills and knowledge required to work as stud assistants under supervision.

At the end of this qualification you will:

• Have the skills to care for paddocked horses
• Know how to groom a horse, clean stables, analyse horse feed
• Be able to recognise health and ill health in horses
• Know how to deal with an emergency situation involving horses
• Be able to help foal a mare
• Be able to prepare yearlings for sales and attend sales. 

National Certificate in Equine (Level 4)

With strands in thoroughbred jockey and thoroughbred advanced track rider

Duration: 36 months

Suitable for jockey’s and self-employed track work riders.

At the end of this qualification you will:

• Have the skills to care for a horse, clean and maintain saddlery
• Be able to identify health, ill health, common ailments and lameness
• Be able to Prepare for travel, and care for horses in short-term accommodation
• Know how to prepare for exercise, handling and feeding
• Know how to bring a horse back into work and letting down
• Have knowledge of horse anatomy, horse feed analysis, emergency care, and a career in the equine industry
• Have knowledge of horse gear and procedures used for horse exercise.

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[Chief Stipe]

Thanks for posting that Thomaas even if it is largely irrelevant to the issue being discussed.

Two issues with what you have posted:

1. The Trainer's Association have no power over enforcing standards with Trainers - only the License issuer has that;
2. The "standards" you copied have NOTHING to do with the supervision of workers.  They are "standards" that need to be obtained to get a QUALIFICATION!

[Thomass]

31 minutes ago, Chief Stipe said:

Thanks for posting that Thomaas even if it is largely irrelevant to the issue being discussed.

Two issues with what you have posted:

1. The Trainer's Association have no power over enforcing standards with Trainers - only the License issuer has that;
2. The "standards" you copied have NOTHING to do with the supervision of workers.  They are "standards" that need to be obtained to get a QUALIFICATION!

I'm sorry you can't understand....

I was replying to THE galah..you galah

who appeared not to realise there IS a recognised training program for Track Riders here...

...employing a 'track rider' who hasn't been trained...as McKee did...is simply asking for trouble...and asking if their competence is "ok to go" with knowing their actual training is not up to H & S standards..clearly

You're running a Zoo...would you ask a newbie to clean out the Tiger pen without finding if they've been trained in Tiger poo collection?

You might

[Chief Stipe]

Who trains the track rider?

[Freda]

I haven't seen ANY recognized programme for training track riders.   Not one.

[Rusty]

1 hour ago, Freda said:

I haven't seen ANY recognized programme for training track riders.   Not one.

It may be time for a programme to be introduced.

May I ask how much does a track work rider get paid on average, for someone just starting out with no/little experience? Is it usually paid "per ride"? 

[Thomass]

1 hour ago, Freda said:

I haven't seen ANY recognized programme for training track riders.   Not one.

Maybe they don't have it down South?

Its definitely a thing...

Perhaps contact NZTR and ask about it...

Perhaps they should send all of our young future Track Riders to Racing Vics school...

...Working holiday and study leave...win win

[Freda]

4 hours ago, Rusty said:

It may be time for a programme to be introduced.

May I ask how much does a track work rider get paid on average, for someone just starting out with no/little experience? Is it usually paid "per ride"? 

Generally, yes, per ride.

[Reefton]

You can't insure for penalties in OSH cases - the costs of defending the action sure(legal costs that is) but no insurance company will cover penalties.

This is a truly frightening outcome for NZ Trainers - I imagine(don't know) Stephen McKee may be able to pay that fine but there would be very very few others I would think.  And if he is capable of paying such a fine the question then arises why, if he is that well heeled, he would be wasting his time training racehorses given the risk involved AND the current state of NZ racing?  If his heart is in the game(I am sure it is) why not downscale significantly and train a few for himself with handpicked staff?

And it would be no protection to say the trackwork rider is a 'contractor' rather than an employee either.  OSH will have their pound of flesh if something goes wrong one way or another.

[Freda]

Scary indeed.

There is a local trainer facing a similar situation, lord knows how he will fare....I would imagine he's not sleeping well. 

[barryb]

6 hours ago, Reefton said:

You can't insure for penalties in OSH cases - the costs of defending the action sure(legal costs that is) but no insurance company will cover penalties.

This is a truly frightening outcome for NZ Trainers - I imagine(don't know) Stephen McKee may be able to pay that fine but there would be very very few others I would think.  And if he is capable of paying such a fine the question then arises why, if he is that well heeled, he would be wasting his time training racehorses given the risk involved AND the current state of NZ racing?  If his heart is in the game(I am sure it is) why not downscale significantly and train a few for himself with handpicked staff?

And it would be no protection to say the trackwork rider is a 'contractor' rather than an employee either.  OSH will have their pound of flesh if something goes wrong one way or another.

Not quite right.

Defence costs, Reparation, Consequential loss are covered under Statutory Liability by Insurance companies, only the fine itself is excluded.

Insurance brokers encourage most businesses to take it today and have a $1m limit.

[Freda]

Which, I presume,  is quite different from public liability insurance?

I wonder how many trainers carry both?

[barryb]

1 hour ago, Freda said:

Which, I presume,  is quite different from public liability insurance?

I wonder how many trainers carry both?

Sure is. 

Public Liability covers  for Property Damage and Personal Injury to members of the Public.

Statutory Liability covers unintentional breeches of Acts of Parliament. 

Employers Liability is for Accidents, Injury to employees outside of ACC.

Normally the 3 are sold as a package to businesses by brokers. 

 

Edited August 18, 2019 by barryb