Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Protection against Accidents (Dockers) Convention (Revised), 1932 (No. 32) - New Zealand (Ratification: 1938)

The Committee notes the information provided in the Government’s report, including the attached comments by Business New Zealand and the New Zealand Council of Trade Unions (NZCTU) on the application of the Convention in law and in practice. In particular, the Committee notes the response by the Government, which indicates that the Health and Safety in Employment (HSE) Act 1992 requires employers to take all practicable steps to ensure the safety of workers while at work, and that compliance with the HSE Act is consistent with the intent of this Convention. The Committee notes that, in line with Article 1 of the Convention, the HSE Act covers all people working ashore, as well as those working on board ships. The Committee notes however, that the specific provisions of the Convention are reflected in the national Code of Practice for Health and Safety in Port Operations (Revised May 2004), which the Government has indicated is a statement of preferred work practice and provides only a recommended means of compliance with the requirements of the HSE Act. The Committee asks the Government to indicate the measures taken to ensure that the requirements of the Convention are enforced in practice, and penalties imposed for any breaches.

In addition, the Committee notes the comments by the NZCTU concerning health risks associated with the work of crane and forklift operators (CFOs), and in particular concerning the occurrence of musculo-skeletal discomfort (MSD). The Committee notes that this information falls outside the scope of this Convention, but may be relevant in relation to the Occupational Safety and Health Convention, 1981 (No. 155). The Committee will examine these elements of the NZCTU communication, and any reply the Government wishes to make in this regard, along with the Government’s next report concerning Convention No. 155.

Article 10 of the Convention. Sufficiently competent and reliable persons shall be employed. The Committee notes the comments by the NZCTU in relation to the recent move by New Zealand’s port industry to “casualise” the workforce through the use of contractors. The NZCTU alleges that this move has resulted in a decline in training, or the provision of condensed training, and an increase in accidents, some fatal, mainly due to human error. The NZCTU further points to research and informal reports which suggest that there are higher accident and death rates at ports having contracted out stevedoring work. According to the NZCTU, there were three work related fatalities at the Port of Tauranga in 2010 and 2011. Worker error was a factor in all three fatalities and concerned two contractors and a seafarer. The Committee asks the Government to provide information on the measures taken to ensure that only sufficiently competent and reliable persons shall be employed, as required by Article 10 of the Convention, and in particular to respond to the comments by the NZCTU.

Article 12. Precautions deemed necessary to ensure the proper protection of workers. The Committee notes the comments by the NZCTU concerning the use of methyl bromide in timber defumigation operations at some ports, and in particular its association with an increased risk of motor neuron disease (MND). The NZCTU alleges that five former workers from the Port of Nelson are known to have died from MND. The Committee asks the Government to provide further information on how national laws or regulations ensure the proper protection of workers, with respect to the abovementioned comments by the NZCTU.

Article 17 and Part V of the report form. Application in practice and an efficient system of inspection. The Committee notes the information provided by the Government concerning a 2007 project by Maritime New Zealand to reduce short and long term injuries in the stevedore workforce, when working on board ships. The Government also indicates that due to a continuing concern about the number of significant failures of lifting appliances during cargo operations on ships while they are in New Zealand ports, Maritime New Zealand conducted a Focused Inspection Campaign (FIC) in this area in 2006 as part of their routine Port State Control inspections. The FIC highlighted that there were a relatively high number of non-compliances, especially with inspection and maintenance procedures, and that these findings were submitted to the International Maritime Organization (IMO). The Committee welcomes the information that a further submission to the IMO, by the Government, with co-sponsorship from the Governments of Chile, Japan, Norway and the Republic of Korea, has been made and proposes the inclusion of a new output aimed at developing requirements for the construction and installation of on board lifting appliances, and thereby mirroring the requirements under this Convention and the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) within the Safety of Life at Sea Convention (SOLAS). The Committee asks the Government to continue to provide information on the application of the Convention in practice, and in particular on any progress in relation to the work being undertaken by the IMO’s subcommittee on ship design and equipment, currently scheduled for March 2013.

Inspection visits and investigations in ports. The Committee notes that the NZCTU has again raised concerns regarding the lack of common practice concerning random inspections. The NZCTU also alleges that there has not been any marked increase in independent investigations of accidents by Maritime New Zealand or the Department of Labour, other than those initiated following a fatality or severe injury. The Committee further notes the comments by the NZCTU concerning the lack of mandatory requirements to inspect mooring ropes as part of the Port State Control inspections, following the death of a port worker as a result of a snapped mooring rope, and that in at least five other serious accidents between 1999 and 2009, poor mooring rope inspection, maintenance or operation led to serious injury or death. The Committee asks the Government to provide further information in regard to the comments raised by the NZCTU concerning labour inspection in ports.

Inspection service resources. The Committee welcomes the information provided by the Government that in May 2012, an additional NZ$37 million of funding for workplace health and safety was announced for the next four years, and that amongst other things, this funding will be used to increase the number of front-line health and safety inspectors by 20 per cent. The Committee asks the Government to provide more detailed information on labour inspections in ports, including extracts from inspectors’ reports, and, if such statistics are available, information regarding the number of workers covered by the Convention, the number and nature of contraventions, and the number, nature and causes of accidents reported.

Consultation and action on safety and health issues. The Committee notes Part 2A of the HSE Act, attached to the Government’s report, which provides for employee participation in processes relating to health and safety in the place of work. The NZCTU has expressed concern about the reluctance by port management to consult with workers on changes to port operations and facilities that have health and safety implications. The NZCTU notes that the Government has followed up individual complaints concerning inadequate safety compliance at ports, but that more general preventive action is warranted. The Committee asks the Government to indicate any measures taken to ensure that Part 2A of the HSE Act is applied in ports, and whether any general preventive action on safety compliance at ports is being considered.