Latest news with #HSWA
Scoop
18-06-2025
- Scoop
Charges Filed By Maritime NZ Against KiwiRail Following Investigation Into 2024 Ferry Grounding
Maritime NZ has filed two charges against KiwiRail after completing a comprehensive and wide-ranging investigation into the grounding of the Interislander ferry, Aratere last year. The Aratere grounded just north of Picton on 21 June last year, it had 47 people on-board at the time. Thankfully, all passengers and crew were safely returned to shore. The ferry was re-floated the following evening. Maritime NZ's Chief Executive, Kirstie Hewlett, says the two charges filed against KiwiRail under the Health and Safety at Work Act 2015 relate to failures by the operator to keep crew and passengers safe while on-board the ferry. 'This was a complex incident and important investigation given it focussed on KiwiRail bringing in new systems to older vessels and broader safety management. It required us to look at systems, policies and procedures, culture, within KiwiRail in relation to the incident. A significant number of interviews were conducted, as well as collating and reviewing a substantial amount of relevant documentation and evidence. 'The time taken to undertake this investigation, collate and review the evidence, and decide on compliance action is consistent with other complex and major incidents. As we have now filed charges in court, we cannot talk about what our investigation found,' Kirstie Hewlett says. Note: Charges: Charge 1: s48 charge - in that it had a duty as a PCBU, namely to ensure, so far as reasonably practicable, the health and safety of those passengers and crew who would sail aboard the Aratere and that failure exposed crew members and passengers to the risk of death or serious injury. Maximum penalty $1.5m Charge 2: s49 charge under HSWA - in that it had a duty as a PCBU, failed to ensure, so far as is reasonably practicable, the health and safety of those passengers and crew who would sail aboard the Aratere. Maximum penalty: $500,000
NZ Herald
21-05-2025
- NZ Herald
Union calls for tougher laws after stevedore falls from cargo ship at Port Nelson
The port company was also ordered to pay $5000 in emotional harm reparation to the victim, who suffered not only physical injuries but a form of post trauma disorder from the near-death experience. He told the Nelson District Court during sentencing earlier this month that he thought he would drown after falling into the sea at night, not knowing which way was up or down. 'Falling from a great height into the water was terrifying. I thought I was going to die,' the man read from his victim impact statement. Port Nelson Ltd had earlier pleaded guilty to a charge brought by Maritime NZ under the Health and Safety at Work Act, around its failure to provide a duty of care in a work environment. Judge Jo Rielly acknowledged at sentencing that problems with the guard rails on the container ship had previously been flagged, but for a number of reasons it appeared the message had failed to reach the right people. 'The focus must be on Port Nelson's role in what occurred in this incident, but it's clear they were not the only company that had a role in events,' she said. The Rail and Maritime Transport Union said the sentencing outcome showed the 'urgent need' for stronger health and safety enforcement in New Zealand ports, but the spotlight also needed to go on the seaworthiness and safety of international vessels calling at New Zealand ports. Union general secretary Todd Valster said that while the fine acknowledged a breach of duty by the port company, the issue was a systemic one. He said the fact that known issues with the ship's guard rails were not adequately addressed was a serious indictment. 'This was a horrifying ordeal for our member that could have easily been fatal.' NZME has approached Maersk's media representatives in Europe and Asia for comment, but has not received a response. Valster said the need to ensure a safe working environment included 'rigorous checks' on the seaworthiness and safety compliance of all visiting vessels. Associate Transport Minister James Meager, who has delegated responsibilities for the maritime sector and oversight of Maritime NZ, told NZME that the Government had no current plans to expand the liability of the Health and Safety at Work Act (HSWA) legislation to encompass foreign-flagged vessels. He said maritime safety was governed by international conventions and without international agreement, applying local law to operators operating out of other jurisdictions would be difficult. 'Making such a law change would be complex,' Meager said. However, he said Maritime NZ had several tools to hold foreign-flagged vessel operators to account, under port state control. 'There are some instances where a foreign-flagged vessel will be subject to HSWA, such as, where a New Zealand company is operating them under charter, where it is operating between New Zealand and a workplace involved with mineral extraction in the EEZ [Exclusive Economic Zone].' The union said it would continue to advocate for the safety and wellbeing of all rail and port workers.
Scotsman
16-05-2025
- Health
- Scotsman
Be prepared to take action on dust-related health risks
Charlotte O'Kane warns that a string of 'dust prosecutions' shows the HSE's determination to crack down on breaches Sign up to our Scotsman Money newsletter, covering all you need to know to help manage your money. Sign up Thank you for signing up! Did you know with a Digital Subscription to The Scotsman, you can get unlimited access to the website including our premium content, as well as benefiting from fewer ads, loyalty rewards and much more. Learn More Sorry, there seem to be some issues. Please try again later. Submitting... A string of prosecutions in the UK should spur UK manufacturers to take action to meet their legal obligations to address health risks arising from dust. In the last year, Health and Safety Executive (HSE) prosecutions have resulted in cases in which businesses – and, in one case, a director – were hit with criminal penalties for non-compliance with health and safety laws. Advertisement Hide Ad Advertisement Hide Ad Under the Health and Safety at Work Act 1974 (HSWA), employers have a general duty to ensure, as far as is reasonably practicable, the health, safety and welfare at work of all their employees. Silica and wood dust are listed as 'health risk priorities' in the HSE's 2024-25 business plan (Picture: There are further regulations that specifically address risks posed by hazardous substances that apply to dust. The HSE has demonstrated its focus on businesses' dust control measures by bringing increased criminal prosecutions over the past 12 months, including four successful 'dust prosecutions' in January. The most recent case involved London property developer Nofax Enterprises Limited which was fined £63,000 and ordered to pay costs of £25,622, after pleading guilty to HSWA offences relating to a range of failures – including not sufficiently addressing risks of exposure to large amounts of silica dust and failing to protect workers from exposure to wood dust. Advertisement Hide Ad Advertisement Hide Ad In publicising the outcome of the case, the HSE said exposure to either wood or silica dust 'can result in very serious and life-threatening health conditions, including asthma, nasal and lung cancers, chronic obstructive pulmonary disease and silicosis'. Charlotte O'Kane, Senior Associate in Pinsent Masons' Litigation and Regulatory team (Picture: Peter Devlin) HSE inspector Tracy Fox said: 'Companies need to be aware that when HSE identifies repeated similar significant failings in the workplace, a prosecution will always be considered.' There is increasing political will to make sure workers stay healthy and stay in employment. One of the cornerstones of the UK Government's plan for economic growth is getting people into work and staying in work. The government's recent activity, including its 'Get Britian Working' white paper and 'Keep Britain Working' review, all point to the expectation that employers have a crucial role to play – and managing dust-related health risks is a vital element in this regard. Advertisement Hide Ad Advertisement Hide Ad In its business plan for 2024-25 the HSE listed silica and wood dust as 'health risk priorities', planning a total of 4,000 proactive inspections as part of a broader initiative to 'reduce work-related ill health', which is a central goal of the 10-year strategy it published in 2022. 'To reduce workers' exposure, we will build regulatory influence by working with our partners and others in the supply chain. From quarry to construction sites, the focus will be on eliminating risk and substituting with less dusty products and processes,' the HSE added. The HSE said its plans to reduce work-related ill health will involve enforcement and that its inspections will 'enforce preventive controls for occupational lung disease from exposure to respirable crystalline silica, wood dust and isocyanate paints'. The direction of travel from the HSE, as evidenced not just by its comments in its business plan, but by its actions in bringing prosecutions, is clear: manufacturers should prepare for inspections of their approach to managing dust-related health risks and for enforcement action in the event failings are identified.
