A sentencing in the Nelson District Court today [February 9] gives important health and safety lessons for when businesses are working together at the same workplace.
Maritime NZ Deputy Chief Executive Regulatory Operations, Deb Despard, says this is the 'overlapping duties' principle in the Health and Safety at Work Act. Importantly, while this case involved a fishing vessel, the lessons can apply to all industries covered by the Act, not only the maritime and ports sectors.
Maritime NZ prosecuted Sealord Group Limited after a crew member of the Sealord fishing vessel, Rehua, was trapped and crushed when a winch he was working on started unexpectedly. The crew member suffered serious chest injuries.
Sealord pled guilty to one charge under section 34 of the Act and was sentenced today.
The incident occurred on 4 June 2022, when Rehua was docked at Port of Nelson for planned maintenance. This included refitting its winch systems. Two other companies were also involved in the refit of the winches.
The Act makes each business responsible for carrying out their health and safety duties at the workplace, which in this case was the Rehua.
Business must also work together to manage safety (the Act says they consult, cooperate and coordinate activities). This is so they have shared understanding of the work and the risks, and agree who is best placed to manage safety.
It was reasonably practicable for Sealord to consult, cooperate with, and coordinate activities with the other businesses by ensuring:
· a toolbox talk involving all people working around or with the winch system, discussing the winch controls and a safe system of working that day took place
· there was clear communication of a safe system of work
· clear communication of training and supervision for the work involving the winch system.
"The lessons from this incident are being used to help keep others safe," Ms Despard says.
"Maritime NZ is working with senior leaders in the industry through the Fishers' Health and Safety Leadership Group, including Sealord, to progress initiatives together to prevent harm in the fishing sector."
Maritime NZ is also sharing information about this case with the maritime and port sectors to increase knowledge of the Act and help prevent harm in future.
Editors' note:
The Health and Safety at Work Act uses the term 'person conducting a business or undertaking' (PCBU). For ease of reading by the general public, Maritime NZ has referred to PCBUs as businesses in this media release. In this case the three PCBUs involved were businesses.
The Court ordered Sealord to pay $40,000 reparations to the injured crew member and imposed a fine of $12,950.
