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An approved code of practice for loading and unloading cargo at ports or on ships comes into effect today. Following the deaths of two port workers in 2022, a review found that most injuries and deaths happened during loading or unloading ships, and that there were no clear or consistent safety standards - leading to significant variation of work practice and safety procedures from port to port or even within ports. The development of an approved code of practice (ACOP) was a key recommendation from the review's leadership group.
Developed by the sector, in collaboration with industry, experts, workers, and businesses, the ACOP was signed off by Workplace Relations and Safety Minister Brooke van Velden and Associate Transport Minister Matt Doocey. Van Velden said the code of practice reflected real-life operational scenarios and good practices within the sector. "I know many businesses and workers want to improve and comply with the health and safety regulations but lack consistency and guidance.
I am pleased the sector has developed a solution with industry, experts, workers and businesses, using their views and expertise," she said. Doocey said the code would reduce harm and fatalities on ports by setting consistent safety practices, ensuring workers had the right tools and environment to work safely, and clarifying risk management expectations across the port sector. "It gives assurance and clarity for businesses and workers on what controls they need to put in place and reduces the costs and time involved in working out how to comply," he said.
The Port Health and Safety Leadership Group, which was made up of port and stevedoring companies, the Port Industry Association, unions, and Maritime New Zealand, said the ACOP would address inconsistencies of practice and reduce harm in ports. The chair of the group, Maritime NZ's director Kristie Hewlett, said it provided assurance and clarity under the Health and Safety at Work Act. "If a business can show what they have done is equivalent to or better than the requirements in the ACOP, then they are likely to be meeting the test of what is reasonably practicable under HSWA," she said.
Maritime NZ would take the ACOP into account when undertaking inspections, assessments, and investigations, and when deciding appropriate enforcement action. Courts could also take it into account in deliberations. The ACOP took 15 months to develop and reach agreement on.
Earlier this week, a judge found that a former Ports of Auckland chief executive was guilty in relation to the death of a stevedore . Pala'amo Kalati, who was 31, died when he was crushed by a shipping container in August, 2020. The maritime watchdog filed charges accusing Tony Gibson of breaching his duties as an officer and making decisions which jeopardised the safety of port workers.
Judge Bonnar said Gibson failed to comply with his health and safety duties and exposed stevedores to the risk of being struck by objects falling from cranes. It was the first time an officer of a large, complex company had been charged under the Health and Safety at Work Act 2015, for a breach of health and safety duties..
