'Significant' health and safety changes needed at Ports of Auckland, review finds

Tuesday, 30 March 2021

Phil Goff comments on Ports of Auckland investigation

Serious health and safety changes need to be made at Ports of Auckland Limited, an independent review has found.

The review, released on Tuesday morning, was undertaken after three fatalities at the ports in as many years.

Ocean swimmer Leslie Gelberger died in 2017 after being struck by a Ports of Auckland pilot boat, and the following year, young father Laboom Midnight Dyer died after the straddle carrier he was driving tipped.

In 2020, 31-year-old Pala’amo (Amo) Kalati died after being crushed by a container, which led to Maritime NZ slapping the company with a notice to urgently improve safety.

Leslie Gelberger, a father of two, died in 2017 after being struck by a Ports of Auckland pilot boat

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Ports of Auckland worker Laboom Midnight Dyer died in 2018. He is pictured with his son Noah.

The company has been fined $424,000 over Gelberger’s death and $540,000 over Dyer's death.

The review, conducted by Construction Health and Safety New Zealand, found there were “systemic” problems at the ports in relation to “critical” aspects of health and safety.

“The reviewers have found that there is opportunity for significant improvement,” the review said.

Among the recommendations were that the chief executive “prioritise safety over productivity and profitability”, help to change “at risk behaviours”, and communicate proactively to staff about safety, instead of reactively.

Auckland Mayor Phil Goff held a press conference on Tuesday following the release of the health and safety review.

The “difficult relationship” between the Maritime Union of New Zealand and the company had, at times, “hampered” health and safety improvements, the review found.

“It is essential that all parties work collaboratively to support [health and safety].”

During the review, the senior manager of health and safety had left the company, and a new appointment had been made, the review said.

New Zealand is now competing against the rest of the world for empty containers.

They would report directly to the chief executive and the board of directors.

The review also found incident reporting, including reporting of near misses, “may not adequately capture the volume of incidents” that could be occurring.

Three gigantic cranes were added to Auckland's port in October 2018.

“This view is based on worker feedback to the reviewer and from review of the past year's incidents. This may in part be due to factors such as the difficulty workers have in using the Portsafe [reporting] system and partly due to a perception that line management do not follow up on [health and safety] issues and see those raising them as troublemakers.

“The reviewers note POAL are working to improve the reporting culture including cultural and leadership issues that may hinder this.”

At a press conference on Tuesday morning, Auckland Mayor Phil Goff said the three deaths were “deeply concerning” and “shocking” and reflected a “serious systemic problem”.

He said Gelberger's death showed a “consistent pattern” of breaking the law by the port's boats.

Auckland Council is the 100 per cent shareholder of Ports of Auckland but holds no legal power over it, Goff said.

However, as the owner, it has a responsibility to address what is “clearly a serious problem”.

Health and safety rules are not a “nice to have”, Goff said.

“They are a vital component of good management in any workplace. When someone goes to work, they should go back home to their families and loved ones.”

Goff said he had made it clear to Ports chairman Bill Osborne that changes need to be made to the way the company is run.

“It is my expectation that he and the board will hold management accountable for these changes. Council in turn will hold the board accountable.

“I now expect Ports of Auckland to implement these recommendations without delay and more importantly to hold management to account on monitoring and compliance.”

Auckland Council will require a regular report on the changes and progress made, Goff said.

“These reports will be made public and will ensure the Ports are accountable for improving health and safety in their operations.

“This report will be the catalyst for this change. It is a fundamental right to go to work and come home safely,” he said.

The Maritime Union said in a statement that the review had confirmed its long-standing concerns about the company.

It called for the chief executive to be removed.