Category: Health and safety

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Prosecution exposes lack of Government ferry plan  

Source: Maritime Union of New Zealand

The Maritime Union is calling on the Government to review its decision to dump planned new Cook Strait ferries after the prosecution of a ferry operator.

Industry regulator Maritime NZ has filed a charge under the Health and Safety at Work Act against KiwiRail this week in relation to the January 2023 loss of propulsion incident involving the Interislander ferry, Kaitaki.

The Kaitaki lost power on its approach into Wellington Harbour on 28 January last year, with more than 800 passengers and 80 crew on-board. It then issued a mayday. After regaining limited power, the ferry made its way to port where its passengers were able to safely leave it and come ashore.

Maritime Union of New Zealand National Secretary Craig Harrison says the most important sea link in the country is in jeopardy.

“We have a ridiculous situation where the Government regulator is having to prosecute a State owned enterprise for ferry problems, but the Government has just cancelled new ferries that would solve the problem.”

He says Maritime New Zealand is simply doing its job, but KiwiRail has been placed in an impossible position by the Government due to long term underfunding. 

“The real issue here is historic underinvestment in ferries and coastal shipping over several decades, which has led to a crisis point in the safety and reliability of our supply chain.”

Mr Harrison says two new modern ferries and new terminals had been planned as part of the iRex ferry upgrade project, but were effectively cancelled in December 2023 when the new Government withdrew support for the project.

“The decision by the Government to walk away has left a credible solution to the ferry issue in limbo.”

Mr Harrison says the current Interislander ferries are at their end of life, and replacing them with other ageing vessels was just kicking the can down the road.

He says it would be unacceptable if State Highway One was allowed to fall to pieces, yet the ‘blue highway’ of Cook Strait was an extension of our main road and rail links.

Mr Harrison says the possibility of another serious incident is very real despite the best efforts of KiwiRail. 

He says failure to modernize this essential infrastructure leaves New Zealand exposed to further delays, service outages, expense for industry, and safety issues, with our main inter-Island connection. 

A review of the ill-judged decision to cancel the iRex project needed to take place, he says.

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TAIC report into 2022 port deaths

Source: Maritime Union of New Zealand

The Maritime Union of New Zealand has welcomed the release today of a combined report by the Transport Accident Investigation Commission (TAIC) on two separate fatal accidents in New Zealand ports in 2022.

Maritime Union of New Zealand National Secretary Craig Harrison says the Union endorses the findings of the report and its recommendations.

“This hard hitting report comes out of the tragic, unnecessary and untimely deaths of two loved and respected port workers simply going about their work.”

Mr Harrison says the Union agrees with the acknowledgement of the TAIC report that the stevedoring industry has a poor safety record, yet is not rigorously regulated compared to other high-risk industries.

The TAIC report found similarities in the lead up to the fatal accidents, where both employers had been improving their safety systems, but had common deficiencies.

The report noted with no best practice guidelines, no minimum training requirements and few safety-related information-sharing platforms, industry sector leadership was lacking.

The report also emphasized the importance of proactive regulatory oversight of high-risk industries, particularly those with a poor safety record.

Mr Harrison says many of the issues noted in the report were the outcomes of decades of industry deregulation, where the voice of workers had been silenced in favour of commercial priorities.

He says there is now a shift, as progress around health and safety had been made recently in the industry with the support of the outgoing Government.

The creation of a Port Health and Safety Leadership Group (PHSLG) under the leadership of Maritime New Zealand had brought in employers and union worker representatives, he says.

Primary responsibility for most areas of port health and safety is in the process of being designated as under the oversight of Maritime New Zealand, whereas it was previously divided between two regulators.

Mr Harrison says the current development of a national Approved Code of Practice for port operations with the input of the PHSLG was another major step.

A Stevedoring Code of Practice was already in place at Port of Auckland, that had been put together by POAL, two private stevedoring companies, and the Maritime Union.

Mr Harrison says this contrasts with previous management at the Port which had not engaged with the Union.  

This progress went some way to meet the TAIC report call for industry collaboration and benchmarking improve safety standards, he says.

Mr Harrison says the cost to get change has been far too high, and workers needed to organize and unionize to ensure their safety and wellbeing came first on the job.

“We are concerned the new Government does not attempt to return to the failed industry deregulation and weak oversight of the past.”

Background details to TAIC report

The first accident occurred on 19 April 2022 at the Port of Auckland. A stevedore, working onboard the container vessel Capitaine Tasman, moved underneath a suspended 40-foot container and suffered crush injuries as a result of the container being lowered onto them. The stevedore was employed by Wallace Investments Limited (WIL), an independent stevedoring company operating at the Port of Auckland.

The second accident occurred at Lyttelton Port on 25 April 2022. A stevedore, involved in the process of loading coal onto the bulk carrier ETG Aquarius, was discovered, deceased, on the deck of the vessel, buried under a quantity of coal. The stevedore was employed by the Lyttelton Port Company Limited (LPC).

In New Zealand, there have been 18 deaths amongst port workers since 2012, which is proportionally the second highest rate of fatalities of any industry sector within New Zealand.

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Substantial progress for transport under the Labour-led Government

Source: Maritime Union of New Zealand

The Maritime Union says substantial progress in the ports and shipping sector in the last term needs to be continued under a Labour-led Government.

Maritime Union of New Zealand National Secretary Craig Harrison says three key successes of the current Government have been in building coastal shipping capability, improving health and safety through the Ports Health and Safety Leadership Group, and laying the foundations for improved conditions in the industry through Fair Pay Agreements.

He says the interests of the transport industry are wider than shareholder profit, and the needs of workers and the environment need to be prioritized.

Mr Harrison says the $30 million coastal shipping fund has seen new New Zealand flagged vessels come onto the coast after years of decline.

He says following the pandemic disruption, the transport industry now acknowledges the need for a vibrant coastal shipping sector.

“Coastal shipping is a low emission mode and provides resilience in the face of the extreme weather events that are already disrupting land transport links.”

He says the development of the Port Health and Safety Leadership Group led by Maritime New Zealand and implemented by the Government has been a game changer.

“The maritime industry has had a terrible rate of deaths and injuries in recent years, and this is now changing as the industry works together under the new system.”

Mr Harrison says Fair Pay Agreements (FPAs) are a great step forward for undervalued workers.

“Even employers now acknowledge the low wage casualization model has been a failure and we have to provide decent wages and conditions for all workers.”

He says workers make up the majority of voters and need to focus on real issues and the facts of what was in the interests of working-class people.

“Past promises of tax cuts have always benefited the wealthy section of the population – they do not benefit the majority of workers who need better wages and conditions and public services.”

Mr Harrison says Labour and the Greens have demonstrated a clear commitment in Government to the interests of workers and a sustainable and resilient transport industry.

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Maritime Union backs calls for corporate manslaughter law

Source: Maritime Union of New Zealand

The Maritime Union is backing the call from Pike River family members Anna Osborne and Sonya Rockhouse for the introduction of criminal corporate manslaughter laws.

Maritime Union of New Zealand National Secretary Craig Harrison says the Maritime Union has supported corporate manslaughter laws in principle for a number of years.

Mr Harrison says it is unacceptable workers are dying and being injured on the job due to failure to provide safe working conditions.

“The terrible tragedy of Pike River is an indictment on how the interests of senior managers, directors and shareholders were put before the lives of workers.”

He says investigations of any corporate manslaughter cases must rest with the New Zealand Police and prosecution with Crown Prosecutors.

Mr Harrison says there have been eighteen deaths in New Zealand ports over the last ten years, as well as a substantial number of sometimes serious injuries.

He says progress has been made in health and safety in the Ports sector, including the development of an industry backed Approved Code of Practice for port operations, with the involvement of the Union.

“It is now necessary to ensure that strong laws are in place to provide an incentive for employers to ensure safe workplaces, and to send a strong message to those employers who choose to put workers in danger.”

The call for new laws comes as charges against three individuals by Worksafe resulting from the Whakaari/White Island disaster were dismissed in the Auckland District Court earlier this month.