After Fatal Accident, NZ Port Requires Physical Fitness Test for Dockers

The tests are part of the safety review measures initiated by LPC after the company was sentenced last month in the Christchurch District Court. In November, LPC pleaded guilty to a charge of violating health and safety regulations following a fatal accident at one of its terminals in April 2022.

The charge was filed by Maritime New Zealand after a stevedore, Don Grant, was struck and killed by coal on the deck of the bulk carrier ETG Aquarius. Investigations by Maritime NZ revealed several safety gaps at the terminal.

In the case of Mr. Grant, who was serving as a “hatchman”, LPC’s procedures for loading coal were found to be faulty, especially with regards to managing risks for stevedores.

“[One] of the issues identified by the investigation was ‘hatchmen’ being located within the potential firing line of the jet-slinger. This meant if it was re-positioned, or moved without their knowledge, they would be at risk of being struck by the coal. Loading of coal is a known high-risk activity for LPC, and there were a lack of controls and policies in place around this activity,” said the regulator.

Based on these circumstances, the Judge found LPC culpable of violating the national health and safety regulations. For the offense, the judge fined LPC $288,000, with $21,000 paid to Maritime NZ.LPC has made an extensive review of its safety procedures since the incident. Some include new rules around when the coal can be poured to keep workers safe. In addition, LPC is now mandating fitness tests for workers, which MUNZ has singled out as discriminatory.

“MUNZ is very concerned how the death of a worker has been used to implement new policies without bringing along workers and listening to their voices. The new mandatory fitness for all employees is being pushed through without regard to workers concerns over their financial protection and wellbeing,” said Carl Findlay, National Secretary of MUNZ.MUNZ added that it views the new policy as a breach of good faith and LPC not honoring the workers’ collective employment agreement. Any employee who fails the fitness assessment will lose employment. But MUNZ said that while health monitoring is agreeable, LPC ought to negotiate with workers in good faith, especially due to the perceived implications to job security.

Mediation between MUNZ and LPC on the issue of workers’ health monitoring is slated for August 16.