Auckland ports fined $ 540,000 after worker death in crane accident

Ports of Auckland was fined $ 540,000 after a “systemic failure” to maintain and monitor a culture of compliance, which included operating a bonus scheme to reward workers for productivity at the expense of safety.

WorkSafe prosecuted the Auckland Council-owned organization after the death of one of its drivers in 2018.

Today in Auckland District Court, Judge Evangelos Thomas convicted the company for what he described as a “systemic ruling”.

During the early hours of August 27, 2018, a straddle truck, a massive cargo vehicle capable of lifting and transporting shipping containers, capsized.

Trapped and seriously injured at Fergusson Wharf was the young pilot Laboom Midnight Dyer, who had worked for the ports since 2015 and was a gantry driver since 2016.

The 23-year-old was taken to Auckland Hospital in critical condition and died of his injuries on 2 September.

The port’s container terminal was temporarily closed for an investigation, and eventually WorkSafe filed charges in 2019.

In August this year, the Herald reported that the port pleaded guilty to one charge under the Occupational Safety and Health Act of 2015.

The charge relates to the primary duty of care and the breach of duty that exposes a person to the risk of death or serious injury or serious illness. One reckless conduct charge was dismissed for consent.

At the beginning of today’s hearing, Judge Thomas addressed Dyer’s family and friends, which included his brother and partner.

“I want to acknowledge how sorry we are for what he has lost, I also want to acknowledge how long it has taken to get to this day,” the judge said.

“Two years is too long for anyone to wait.

“We honor and remember Laboom Dyer today and we always will.”

Judge Thomas awarded $ 136,000 in reparations to Dyer’s family, including $ 80,000 to their son.

WorkSafe prosecutor Barbarella McCarthy said Ports of Auckland had failed in its straddle driver training, particularly when they were turning at high speed and the “rollover alarm” was activated.

Some of the straddle drivers did not heed the tip alarm, he told the court, and there was also an inaccurate understanding that when the tip alarm went off, the saddle would automatically apply the brakes.

There was also a productivity “bonus system” to reward gantry drivers for a high “cash rate” when moving containers.

Dyer had a high rate of tip alarms, but was consistently receiving his bonuses, the court heard.

Sitting in the cab astride 13 meters above the ground the night he died, Dyer had also been using a mobile phone and was not wearing a seat belt when the chair crashed.

But McCarthy said the fact that it could operate that way was “indicative of the ports’ failure to monitor security requirements.”

Port attorney John Billington QC said the Dyer’s family’s victim impact statements were moving and dignified.

He said the port’s lack of ongoing supervision and training were key factors in the incident.

“The port accepts full responsibility for this tragedy,” Billington said.

Judge Thomas said Ports of Auckland’s infringement was compounded by prior knowledge of tips, and concerns had been raised in the industry about the bonus scheme.

Fine to the port with 540,000 dollars.

In September Auckland Mayor Phil Goff announced an independent health and safety review at Auckland ports after the death of a worker, father of seven, Palaamo Kalati.

The Auckland Council subsequently appointed New Zealand President of Construction Health and Safety Roger McRae to lead the review.

“With three deaths at the port in recent years and a number of other serious injuries, as a shareholder, the Auckland Council wants to ensure that the Ports of Auckland’s health and safety culture and the systems it operates better meet its objective. from a harm-free workplace … A safe work environment is critical to running a successful business, “Goff said in October.

The scope of the review will examine factors including culture and participation, resources, training methods, supervision, governance and leadership, and the adequacy of incident reporting, investigation, and implementation of suggested improvements.

An interim report was expected by Christmas and the final report would follow relatively early in the new year, Goff said.

The cost of the review will be borne by Ports of Auckland.

In November, Ports of Auckland announced that it was conducting an organizational review, including an investigation into the incident that killed Kalati.

A survey of employee engagement across the company and a joint study with the New Zealand Maritime Union on worker engagement and the effectiveness of health and safety committees are also part of the review.

The port also supported the independent review by the Auckland Council.

The latest court proceeding also comes after Ports of Auckland was fined $ 424,000 in July for violating the port’s speed limits after one of its pilot boats was involved in the “tragic accident.”

Leslie Gelberger, a Westlake girls’ secondary teacher, died in April 2017 after being struck by a Ports of Auckland pilot boat while swimming at Narrow Neck Beach and Cheltenham Beach.

The speeding offenses were described in court as a “systemic failure” and involved continued speeding offenses by ships operated by Auckland ports on 99% of the voyages between April 2017 and January 2017. 2018.

Gelberger’s wife, Laura McLeod, told the Herald how relieved she was that the court process was finally over, but was disappointed that years of legal battle passed before the company finally took responsibility for her husband’s death. .