The recent Maritime New Zealand prosecution of former Ports of Auckland CEO Tony Gibson sheds critical light on health and safety leadership failures.
The case, which resulted from the preventable death of stevedore Pala'amo Kalati during a night shift in August 2020, unveils well-established safety management issues and offers important lessons for business leaders across New Zealand.
This blog post explores our immediate key findings from the judge's ruling and their implications for effective health and safety management.
It is important to remind the reader that the facts are case specific and the judgement could at the time of publishing, still be appealed.
Our Top My Findings from the Judge's Ruling:
Night Shift Non-Compliance: Persistent issues with non-compliance during night shifts, a problem flagged as far back as 2014.
Confusing Training Materials: The three-container width rule and other guidelines were not clearly communicated, leading to inconsistent practices among workers.
Ineffective Safety Committee: The Health and Safety Steering Committee failed to provide effective oversight or ensure compliance with safety policies or business strategy.
Over-reliance on Behavioural Controls: Despite recognising risks, there was a heavy reliance on behavioural controls rather than implementing robust, hard controls.
Missed Opportunities for Proactive Safety Management: A critical safety incident witnessed by Gibson highlighted systemic failures in identifying and addressing safety risks.
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Detailed Analysis:
Night Shift Non-Compliance: The well-established non-compliance on night shifts underscored a significant lapse in enforcing safety protocols during times when oversight was minimal.
This longstanding issue highlights the need for continuous, round-the-clock enforcement of safety standards whenever your business is operating.
Confusing Training Materials: Clear and understandable training materials are the backbone of effective health and safety practices.
The confusion over the application of the three-container width rule among workers at the Ports of Auckland is a reminder that safety guidelines and standards need to be simple, consistent and communicated effectively - taking into account all learning types.
Ineffective Safety Committee: The role of a health and safety committee is to assist the business in maintaining safety standards.
The failure of the Ports of Auckland’s Health and Safety Steering Committee to act as a strategic oversight body demonstrates the importance of an active and engaged group.
A Health and Safety Committee shouldn't purely focus on what negative events happened in the recent past. They should be helping to ensure business objectives are being met, that key performance indicators are on track and that policy and work practices are fit for purpose.
Over-reliance on Behavioural Controls: While behavioural safety measures are important, they cannot be the sole method of risk management. The reliance on these measures, as opposed to implementing stringent physical controls, often leads to gaps in safety that could have otherwise been mitigated.
The Health and Safety at Work Act 2015 requires businesses and undertakings to eliminate risks from the work environment in the first instance and to manage the risks that can't. Risk reduction methods such as substitution, isolation, administration through to personal protective equipment must be applied in that specific order.
The Judge concluded that greater control methodologies were available to the organisation but not investigated nor applied.
Missed Opportunities for Proactive Safety Management: An incident witnessed by Mr. Gibson that greatly alarmed him was a missed opportunity. He failed to question why such risks had not been previously identified or addressed by his executive and management teams.
This illustrates the need for continuous vigilance and readiness to adapt safety strategies based on new observations and data.
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Conclusion
The Maritime NZ’s prosecution of Tony Gibson is a reminder of the critical importance of leadership in health and safety.
For business leaders, this case serves as a clear signal to actively engage in and oversee their organisations' health and safety operations, ensuring that the safety practices preached are the safety practices followed.
This involves regular audits (documentation and operational), real engagement with safety committees, and swift action on recommendations and improvement opportunities.
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If you are a business leader concerned about your company's health and safety practices or need advice on aligning your safety management systems with HSWA 2015 and ISO 45001 standards, don't hesitate to reach
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